Learning Resources, Inc. v. Trump · ¶407

Fourth, the President is not relying on oblique, elliptical, or cryptic language. This case does not involve “elephants in mouseholes.” Whitman, 531 U. S., at 468. This case instead involves an elephant (tariffs) in a statutory elephant hole (the power to “regulate . . . importation” to deal with foreign threats in national emergencies). IEEPA was a major and thoroughly studied statute carefully crafted to grant the President a suite of powerful tools, including to “regulate . . . importation,” and thereby allow him to respond swiftly to national emergencies and to help America respond to crises. Since its enactment, Presidents have invoked IEEPA more than 70 times to deal with emergencies and threats from the September 11, 2001, al Qaeda attacks to Iran to North Korea, and many others. See Congressional Research Service, The International Emergency Economic Powers Act: Origins,…

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