Stories

Comment by dizzant

Comment

Comment by dizzant

In his dissent [1], Justice Kavanaugh states:

> Given that the phrase “adjust the imports”—again, in a statutory provision that did not use specific words such as “tariff ” or “duty”—was unanimously held by this Court in 1976 to include tariffs, and given that President Nixon had similarly relied on his statutory authority to “regulate . . . importation” to impose 10 percent tariffs on virtually all imports from all countries, could a rational citizen or Member of Congress in 1977 have understood “regulate . . . importation” in IEEPA not to encompass tariffs? I think not. Any citizens or Members of Congress in 1977 who somehow thought that the “regulate . . . importation” language in IEEPA excluded tariffs would have had their heads in the sand.

The roll-call vote for HB7738 (IEEPA) was not recorded [2], so we seemly can't confirm today how any sitting members voted at the time. But there are two members of Congress remaining today who were present for the original vote: Chuck Grassley (R-Iowa) and Ed Markey (D-Mass). They clearly both agree with the Court, while having different opinions on the tariffs themselves.

Statement by Grassley [3]:

> I’m one of the only sitting members of Congress who was in office during IEEPA’s passage. Since then, I’ve made clear Congress needs to reassert its constitutional role over commerce, which is why I introduced prospective legislation that would give Congress a say when tariffs are levied in the future. ... I appreciate the work [President Trump] and his administration are doing to restore fair, reciprocal trade agreements. I urge the Trump administration to keep negotiating, while also working with Congress to secure longer-term enforcement measures.

Statement by Markey after previous decision in August [4]:

> Today’s ruling in the U.S. Court of Appeals for the Federal Circuit makes it clear that President Trump’s chaotic tariff policy is illegal. ... Today’s ruling is an important step in ending the economic whiplash caused by Trump’s abusive tariff authority.

N=2 is scant evidence, but it seems like both sides of the aisle "had their head in the sand", or Justice Kavanaugh's historical interpretation is a bit off.

[1] p.127: https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf

[2] g. 22478: https://www.congress.gov/95/crecb/1977/07/12/GPO-CRECB-1977-...

[3] https://www.ketv.com/article/lawmakers-from-nebraska-iowa-re...

[4] https://www.sbc.senate.gov/public/index.cfm/2025/8/ranking-m...

Replies dizzant · 2026-02-20
Open on HN
Loading the discussion…

Domain filters

Stories from these domains are hidden from every list. Subdomains match too: blocking substack.com also hides danluu.substack.com.

    New collection

    Delete this collection?

    About YAVCHN

    YAVCHN is a reader for Hacker News and Lobsters, with articles and discussions in separate windows or Classic pages.

    Created by Paul Parks and built with PUDL.

    YAVCHN source code on GitHub

    Privacy policy · Terms of use

    Help

    Keyboard

    j / k
    Move down and up the story list. The arrow keys scroll whatever has focus.
    Enter
    Read the marked story in the article reader.
    ]
    Read the next story in the same article-reader applet. Back returns to the previous story.
    p
    Pin or unpin the marked story, which keeps it in Pinned.
    n / N
    Move to the next or previous top-level comment in the window in front.
    c
    Collapse or expand that comment.
    f
    Hide or show the story list.
    Esc
    Close a menu or this help.
    Access key m
    Go to the menu bar. Most browsers take it with Alt on Windows and Linux, and Safari with Control and Option.
    ?
    Show this help.

    Windows

    Each story opens in a window holding its article above its discussion; drag the bar between them to share the room differently. A window can be moved by its title bar, resized from any edge, snapped to a half or a corner by dragging it there, maximised, or minimised to the bar at the foot of the page. Use Window > New reader window to open an empty reader, or Story > Open in new reader window to open another reader for the current article. Docked readers keep their articles when you select another story from the sidebar. Minimized readers can be restored and reused for their site. A window's Next story link reads on down the list in the same window.

    A link in a comment or an article to another Hacker News or Lobsters thread opens that thread in a window too. A link to a single HN comment opens the comment above its replies.

    While a story's window is in front, the Story and Discussion menus in the menu bar hold its commands: pinning, Next story, sorting, collapsing every thread, jumping to the first new comment. Each window also remembers where you were in its article and discussion, so a reload, or Back to a story that Next took you past, finds your place again. Closing a window forgets it.

    The whole arrangement lives in the address, so a bookmark or a shared link brings it back, and Back undoes the last change. Moving between Hacker News, Lobsters, their lists, Pinned and Find changes only the list, and leaves the windows open.

    The list

    The pin at the start of a row keeps the story in Pinned, and the cross at its end hides it. Pinned can be narrowed by words in the title, site or author, by source, and to the stories you haven't opened yet, and ordered by when you pinned them, by points or by comments; the filters are part of the address, so a filtered view can be bookmarked. Scroll past the end of the list to load more. Domain filters, in the View menu, hide every story from a site.

    Collections are named lists of stories. Story > Add to collection files the story in front into one or more of them, and the Collections feed shows them all or one at a time; the menu that chooses collections also creates, renames, and deletes them. A note is your own text on a story. Choose Add note in a story's toolbar to write one; it saves as you type. Rows with a note carry the note mark, and the Notes feed lists every noted story and searches the text of your notes.

    Browsing view

    View > Windowed and View > Classic select the browsing view and save your default in this browser. Window view reuses a reader for each feed. Classic view opens stories and applets as pages. Open as a page is a one-off action that does not change your saved default. Use the Windowed selector to return an article to a window. Direct page links always open as pages.

    Applets

    The Applets menu in the menu bar holds three tools, each a window of its own. Replies to me takes your Hacker News user name and lists the replies to your last thirty comments and stories, checking again every three minutes while it is open, and marking what is new since you last marked them read. Look up a user opens a profile on Hacker News or Lobsters, with their submissions and recent comments, as a commenter's name in any discussion does; the bar at the top of a profile looks up someone else in the same window, and Back returns to the one before. Who is hiring? filters the posts of HN's monthly hiring threads by the words you type.

    They read only what the sites publish to everyone, so none of them asks for a login, and your user name stays in this browser anonymously and is included in retained applet state when signed in.

    Find

    Find takes any link and lists every time it was submitted to Hacker News and Lobsters, so you can read each discussion of it.

    About

    YAVCHN never sees your Hacker News or Lobsters login. The discussion is fetched from each site's public API; to vote or reply, follow the link above the discussion, or the arrow beside a comment, to the source's own site. Without a YAVCHN account, your data stays in this browser. When signed in, pins, collections, notes, blocked domains, and retained reading state are stored with your account and synchronized across devices. Hidden stories and layout stay in this browser. The privacy policy has the details.

    Open source: github.com/paulmooreparks/yavchn. Built with PUDL.