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Trump's Steady Loss of Support From Republicans and Courts by Robert Kuttner
This morning, as long anticipated by oral arguments, the Supreme Court struck down Trump’s bogus use of the International Emergency Economic Powers Act, or IEEPA, to justify his crazy quilt of tantrum tariffs.
Writing for a 6-3 majority, Chief Justice John G. Roberts Jr. said the statute does not authorize the president to impose tariffs. “The President asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope. In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it,” the chief justice wrote.
The ruling is a sharp rejection of one of the president’s primary policy tools, but it was telegraphed enough that the administration has some possible contingencies in place. Under a different authority, tariffs of 15 percent can be imposed to deal with trade deficits for 150 days. In that time, the administration can impose Section 301 and Section 232 investigations to extend tariffs on select goods or against select countries further. But Trump would have to justify these with data. And the days of unilaterally announcing tariffs that take immediate effect are dead and buried.
The president does have somewhat more open-ended general authority to impose tariffs against countries that discriminate against U.S. exports, but to invoke that now would be a poke in the eye of the Supreme Court and would invite more litigation.
The bigger problem for Trump is the thousands of companies that will ask for refunds from the tariffs imposed under IEEPA. That will be a huge mess, and the Supreme Court offered no guidance on how to proceed with it.
Writing for a 6-3 majority, Chief Justice John G. Roberts Jr. said the statute does not authorize the president to impose tariffs. “The President asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope. In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it,” the chief justice wrote.
The ruling is a sharp rejection of one of the president’s primary policy tools, but it was telegraphed enough that the administration has some possible contingencies in place. Under a different authority, tariffs of 15 percent can be imposed to deal with trade deficits for 150 days. In that time, the administration can impose Section 301 and Section 232 investigations to extend tariffs on select goods or against select countries further. But Trump would have to justify these with data. And the days of unilaterally announcing tariffs that take immediate effect are dead and buried.
The president does have somewhat more open-ended general authority to impose tariffs against countries that discriminate against U.S. exports, but to invoke that now would be a poke in the eye of the Supreme Court and would invite more litigation.
The bigger problem for Trump is the thousands of companies that will ask for refunds from the tariffs imposed under IEEPA. That will be a huge mess, and the Supreme Court offered no guidance on how to proceed with it.
https://prospect.org/2026/02/20/trumps-loss-support-republicans-supreme-court-tariffs/