I Got 99 Delegations, but a Tariff Ain’t One

as analyzed by Justice Kagan’s concurrence in today’s tariff decision:

As the principal opinion explains, “regulate” is one of 9 verbs listed in IEEPA’s delegation provision. (The others are “investigate,” “block,” “direct,” “compel,” “nullify,” “void,” “prevent,” and “prohibit.”) Those verbs are followed by 11 objects, each describing a distinct sort of transaction involving foreign property—not just “importation,” but also “acquisition,” “use,” “transfer,” and so forth. Combine the verbs and objects in all possible ways, and the statute authorizes 99 actions a President can take to address a foreign threat. And exactly none of the other 98 involves raising revenues.

(Justice Kagan concludes that, therefore, the 99th combination, “regulate” “importation,” doesn’t authorize raising revenue, either.)