Ann Althouse summary:
GENERAL SAUER: Dames & Moore… said, this particular provision, where Congress has given these broad verbs, I mean, “regulate” is a capacious verb, admittedly, so are “nullify,” so are “void,” so are, frankly, all the other verbs there in the — the language in IEEPA. The way the Court thought about it is we’re looking at this through the lens of Justice Jackson’s opinion in Youngstown. And the Court held specifically that these verbs placed the President in Youngstown Zone 1. The Court held that — that he’s subject — subject to the widest latitude of judicial interpretation….
JUSTICE SOTOMAYOR: Why — could you tell me why it is that when Congress intended to permit a president to regulate by imposing tariffs, it’s always used “tariff” and “regulate.”…
GENERAL SAUER: Respectfully, this Court came to the opposite conclusion, if I may, in Algonquin…. What it held was the phrase “adjust imports,” which includes a verb that’s narrower —
JUSTICE SOTOMAYOR: But it was in the context… of activities that had to do with raising and lowering duties. Here, the noun — the verbs that accompany “regulate” have nothing to do with raising revenues in the form of taxes…