Learning Resources, Inc. v. Trump · ¶439

As Professors Bradley and Goldsmith well summarized, there is a “settled practice of about a century of the executive branch exercising emergency powers in many important contexts pursuant to the broadly worded IEEPA and its predecessor, the Trading with the Enemy Act. And there is an even longer practice, dating to the Founding, of presidents exercising trade-related sanctions authority pursuant to broadly worded statutes. Notably, the Court has already suggested in both of these contexts that one should expect Congress to, in effect, paint with a broad brush.” 172 U. Pa. L. Rev., at 1796–1797.

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