Learning Resources, Inc. v. Trump · ¶82

Take some examples. The concurrence points to the “unparalleled authority” the President asserts “to impose a tariff of any amount, for any time, on only his own say-so.” Post, at 308. In other words, the President claims an “[e]xtraordinary” power. West Virginia, 597 U. S., at 723 (majority opinion). The concurrence observes that no “President until now understood IEEPA to authorize imposing tariffs.” Post, at 308. In other words, the power is an “unheralded” one. West Virginia, 597 U. S., at 722 (internal quotation marks omitted). Along the way, the concurrence also adds “a modicum of common sense about how Congress typically delegates” and “consideration of whether Congress ever has before, or likely would, delegate the power the Executive asserts.” Post, at 305 (internal quotation marks omitted). In other words, the statutory text must be read in light of “separation of powers…

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.