Learning Resources, Inc. v. Trump · ¶437

Moreover, tariffs on foreign imports are significant tools of foreign policy and national security, whether imposed under IEEPA, TWEA, Section 232, Section 122, Section 201, Section 301, or Section 338. They are often used to “advance foreign policy goals, or as negotiating leverage in trade negotiations.” Congressional Research Service, U. S. Tariff Policy: Overview 1 (2025). Like other economic tools, tariffs can “serve as a `bargaining chip' to be used by the President when dealing with a hostile country,” Dames & Moore v. Regan, 453 U. S. 654, 673 (1981)—or to incentivize a change in behavior by allies, partners, or enemies. Cf. Association of American Railroads, 575 U. S., at 80 (opinion of Thomas, J.) (embargo statute “involved the external relations of the United States”); Gundy v. United States, 588 U. S. 128, 170– 171 (2019) (Gorsuch, J., dissenting).

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