"JUSTICE AMY CONEY BARRETT: General Sauer, can I just ask you a question? Can you point to any other place in the code or any other time in history where that phrase together, regulate importation, has been used to confer tariff imposing authority? SOLICITOR GENERAL D. JOHN SAUER: Well, as to regulated importation, that was held in TWEA, so obviously, and that's"
"JUSTICE AMY CONEY BARRETT: Okay, so an intermediate appellate court held it in TWEA, but you just told Justice Kavanaugh that wasn't your lead argument, that your lead argument was this long history of the phrase regulate importation being understood to include tariff authority. So my question is, has there ever been another instance in which a statute has conferred, used that language to confer the power? Putting aside Yoshida."
Solicitor General John Sauer was cut off after his answer wandered during Supreme Court oral arguments challenging former President Trump's authority to impose sweeping tariffs by invoking emergency powers. Justice Amy Coney Barrett asked whether the phrase "regulate importation" has previously appeared in statute to confer tariff-imposing authority. Sauer cited an intermediate appellate holding under the TWEA and referenced cases such as Gibbons and McGoldrick while making broader interpretive claims. Justice Sonia Sotomayor intervened to press Sauer to answer directly. The exchange focused on statutory interpretation and historical practice regarding regulatory language and tariff powers.
Read at www.mediaite.com
Unable to calculate read time
Collection
[
|
...
]