In Learning Resources, Chief Justice Roberts found that President Trump's tariffs lacked sufficient precedent. As a result, under the major questions doctrine, this novel exercise of power based on an old statute was unlawful. Yet, there was one President who did something similar, that the Chief Justice simply did not want to talk about. Of course, I speak of Richard Nixon.
Roberts acknowledged that President Nixon relied on the Trading with the Enemies Act (TWEA) to impose tariffs. And he further acknowledged that the Court of Customs and Patent Appeals (the predecessor of the Federal Circuit) upheld those tariffs. Yet, the Court found that Nixon's actions were not enough to establish a precedent.
Here, Nixon is relegated to a footnote:
