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Benjamin Gutman

Benjamin Gutman is Oregon's Deputy Attorney General and longtime Solicitor General who argued Learning Resources, Inc. v. Trump at the U.S. Supreme Court on behalf of a coalition of states challenging the tariffs.

Nov 5, 2025

131:44
Mr.
131:53
Gutman? Mr.
131:53
Gutman? Mr.
131:54
Chief Justice, and may it please the Court.
131:57
I'd like to begin by picking up with the exchanges with Justice Barrett and Justice Gorsuch about licenses and license fees, because I think we ended on the right note, but I just wanted to make sure that at least my client's position is clear on this.
132:11
Licenses are different from license fees, and I am not aware of any history in the five decades that IEPA has been in force of of any fees charged for the licenses under this statute.
132:25
This is a statute that licenses can be used.
132:45
Well, I think the question is, what does or otherwise do –
131:44
counsel.
131:53
Mr. Gutman? Mr.
131:54
Chief Justice, and may it please the Court.
131:57
I'd like to begin by picking up with the exchanges with Justice Barrett and Justice Gorsuch about licenses and license fees, because I think we ended on the right note, but I just wanted to make sure that at least my client's position is clear on this.
132:11
Licenses are different from license fees, and I am not aware of any history in the five decades that IEPA has been in force of any fees charged for the licenses that under this statute.
132:25
This is a statute — licenses can be used.
132:28
For example, the President might ban certain transactions with a foreign country, but then grant licenses to do them for humanitarian reasons.
Neil Gorsuch
Neil GorsuchPANELIST
132:45
clear — I think the question is, what does or otherwise do?

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