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Home > Forums > The Open Forum
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Parsing through Robert's' opinion

Author: Mark (941 Posts - Joined: Jul 23, 2015)
Posted at 3:52 pm on Feb 20, 2026
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Learning Resources, Inc. v. Trump, No. 24-1287 (Feb. 20, 2026). It is complicated and ultimately results in remand to the district court to dismiss for lack of jurisdiction (in favor of the U.S. Court of International Trade). But the holding is clear: The International Emergency Economic Powers Act (IEEPA) does not give the President the power to impose the tariffs. Curly's right, though: the opinion does not speak to what happens to the tariffs already collected.

The Justice breakdown alone is convoluted, but it is basically 6-3:

ROBERTS, C. J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II–A–1, and II–B, in which SOTOMAYOR, KAGAN, GORSUCH, BARRETT, and JACKSON, JJ., joined, and an opinion with respect to Parts II–A–2 and III, in which GORSUCH and BARRETT, JJ., joined. GORSUCH, J., and BARRETT, J., filed concurring opinions. KAGAN, J., filed an opinion concurring in part and concurring in the judgment, in which SOTOMAYOR and JACKSON, JJ., joined. JACKSON, J., filed an opinion concurring in part and concurring in the judgment. THOMAS, J., filed a dissenting opinion. KAVANAUGH, J., filed a dissenting opinion, in which THOMAS and ALITO, JJ., joined.

A few paragraphs from Chief Justice Roberts’ opinion for the Court:

We decide whether the International Emergency Economic Powers Act (IEEPA) authorizes the President to impose tariffs.

* * *

(page 5)
Based on two words separated by 16 others in Section 1702(a)(1)(B) of IEEPA—“regulate” and “importation”—the President asserts the independent power to impose tariffs on imports from any country, of any product, at any rate, for any amount of time. Those words cannot bear such weight.

* * *
(pages 9-10)
Against this backdrop of clear and limited delegations, the Government reads IEEPA to give the President power to unilaterally impose unbounded tariffs. On this reading, moreover, the President is unconstrained by the significant procedural limitations in other tariff statutes and free to issue a dizzying array of modifications at will. See supra, at 3. All it takes to unlock that extraordinary power is a Presidential declaration of emergency, which the Government asserts is unreviewable. Brief for Federal Parties 42. And the only way of restraining the exercise of that power is a veto-proof majority in Congress. See 50 U. S. C. §1622(a)(1) (requiring a “joint resolution” “enacted into law” to terminate a national emergency). That view, if credited, would “represent[] a ‘transformative expansion’” of the President’s authority over tariff policy, West Virginia, 597 U. S., at 724 (quoting Utility Air, 573 U. S., at 324), and indeed—as demonstrated by the exercise of that authority in this case—over the broader economy as well. See Congressional Budget Office, CBO’s Current View of the Economy From 2025 to 2028, p. 5 (Sept. 2025); Brief for Federal Parties 2–3. It would replace the longstanding executive-legislative collaboration over trade policy with unchecked Presidential policymaking. See CRS, Trade Promotion Authority (TPA) and the Role of Congress in Trade Policy (2015). Congress seldom effects such sea changes through “vague language.” West Virginia, 597 U. S., at 724.

* * *
(page 13)
The central thrust of the Government’s and the principal dissent’s proposed exceptions appears to be that ambiguous delegations in statutes addressing “the most major of major questions” should necessarily be construed broadly. Brief for Federal Parties 35. But it simply does not follow from the fact that a statute deals with major problems that it should be read to delegate all major powers for which there may be a “colorable textual basis.” West Virginia, 597 U. S., at 722. It is in precisely such cases that we should be alert to claims that sweeping delegations—particularly delegations of core congressional powers—“lurk[]” in “ambiguous statutory text.” Id., at 723 (internal quotation marks omitted). There is no major questions exception to the major questions doctrine.

Accordingly, the President must “point to clear congressional authorization” to justify his extraordinary assertion of the power to impose tariffs. Nebraska, 600 U. S., at 506 (internal quotation marks omitted). He cannot.

* * *
(pages 20-21)
The President asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope. In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it.

IEEPA’s grant of authority to “regulate . . . importation” falls short. IEEPA contains no reference to tariffs or duties. The Government points to no statute in which Congress used the word “regulate” to authorize taxation. And until now no President has read IEEPA to confer such power.

We claim no special competence in matters of economics or foreign affairs. We claim only, as we must, the limited role assigned to us by Article III of the Constitution. Fulfilling that role, we hold that IEEPA does not authorize the President to impose tariffs.


Moderator

Replies to: "Parsing through Robert's' opinion"

  • Ding dong the tariffs are dead... at least under the emergency powers act. [LINK] - Curly1918 - 3:49pm 2/20/26 (20) [View All]
    • Parsing through Robert's' opinion - Mark - 3:52pm 2/20/26
      • Regulating importation does not include tariffs. - PaND - 3:54pm 2/20/26
        • Roberts addressed that argument - Mark - 3:58pm 2/20/26
          • The core issue was whether tariffs amount to taxes... AND COMMON SENSE SAYS THEY DO! - Curly1918 - 4:03pm 2/20/26
            • "Common Sense is Neither Common nor Sense"...I'll take "Critical Thinking" & "Prudential Judgement" [LINK] - TyroneIrish - 4:37pm 2/20/26
          • Read the dissent, it's all in there. - PaND - 4:02pm 2/20/26
            • The market yawned... so you're right that some tariff regime shall remain. - Curly1918 - 4:07pm 2/20/26
              • There will be no refunds. - PaND - 4:11pm 2/20/26
                • But there shall be more litigation on this issue. - Curly1918 - 4:20pm 2/20/26
                  • I’m sure there will be. - PaND - 4:22pm 2/20/26
    • 6-3. Does he surrender or create a crisis? [NT] - Chris94 - 3:51pm 2/20/26
      • Market is up on the news. I vote he does nothing & focuses ire on Fed [NT] - LanceManion - 5:28pm 2/20/26
      • Probably wait until his third term to do anything. [NT] - NedoftheHill - 5:02pm 2/20/26
        • You brought it up MAGAnut - jimbasil - 5:08pm 2/20/26
          • Scroll down. You did. If Trump mentions it, he is trolling conspiracy nuts like you. [NT] - NedoftheHill - 5:10pm 2/20/26
            • Just now - how about reading the post instead of Ned-jerking another post. [NT] - jimbasil - 5:15pm 2/20/26
      • Crisis? He might reassert tariffs under a different act which is less flexible but still effective. - Curly1918 - 3:59pm 2/20/26
        • What act? The Commerce Clause of the Constitution is pretty clear on this. - Chris94 - 4:18pm 2/20/26
          • There are actually several acts in which Congress has authorized the President to impose tariffs. [LINK] - Curly1918 - 4:25pm 2/20/26
            • Wow. Those are interesting. Really inside baseball. [NT] - Chris94 - 4:41pm 2/20/26

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