Supreme Court Oral Arguments

[24-1287] Learning Resources, Inc. v. Trump

11 snips
Nov 5, 2025
Join General Sauer, Counsel for the government, as he defends the President's use of IEEPA to implement aggressive tariffs, arguing its constitutional basis. Mr. Cotill challenges this view, presenting compelling textual and historical arguments about the limits of presidential power over taxation. Meanwhile, Mr. Gutman highlights issues regarding licensing fees and the historical context of tariffs. The discussions delve into whether tariffs serve as taxes or regulatory tools, making for an engaging debate on governmental authority and economic effects.
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ANECDOTE

Nixon's 1971 Worldwide Tariff Example

  • General Sauer cited President Nixon's 1971 10% across‑the‑board tariffs as an historical example of executive tariff use.
  • He noted those tariffs aimed to press trading partners to negotiate and were followed by the Smithsonian Agreement.
INSIGHT

Youngstown And Dames & Moore Themes Repeated

  • Government invokes Dames & Moore and Youngstown themes to justify broad presidential emergency powers in foreign affairs.
  • They argue IEPA's 'sweeping' verbs reflect congressional intent to grant major tools to the President for foreign crises.
ADVICE

Use A Deferential Non‑Delegation Lens

  • When assessing non-delegation in foreign affairs, apply a deferential intelligible-principle test rather than the strict domestic standard.
  • Counsel urged courts to give broader leeway for delegations addressing foreign emergencies.
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