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...