In the Supreme Court's 6-3 decision in Learning Resources v. Trump, the majority (Roberts, Gorsuch, Barrett, Sotomayor, Kagan, Jackson) ruled that IEEPA doesn't authorize presidential tariffs. The dissenters were Thomas, Kavanaugh, and Alito.
Alternatives for the President:
- Use Section 232 of the Trade Expansion Act for national security tariffs (after Commerce investigation).
- Section 301 of the Trade Act for unfair trade practices.
- Section 201 for import injury to industries (via ITC findings).
- Seek new legislation for explicit authority.
- Negotiate trade deals under Article II powers.
[思考][思考][思考]
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