Earlier today, the U.S. Supreme Court ruled 6-3 against Trump’s use of emergency powers to impose a series of tariffs. I disagree vehemently with the decision but what I think doesn’t matter. George Washington University Law School professor and legal scholar Jonathan Turley stated that this situation is far from settled, and his opinion does matter. The administration still has the ability to impose tariffs using different legal statutes.
“The administration has other tools in its toolbox. It can actually impose tariffs under other statutes,” he said.
Enjoying our conservative news and commentary? Make sure you share and tell your friends about us!
Turley also mentioned that there’s still ample opportunity for the Trump White House to navigate this economic policy terrain. While it’s a tough setback, the battle is far from finished.
More:
In a 6-3 decision, the Court stated that the president cannot impose tariffs under the International Emergency Economic Powers Act. Chief Justice John Roberts and Justices Neil Gorsuch and Amy Coney Barrett aligned with the liberal justices, while Clarence Thomas, Samuel Alito, and Brett Kavanaugh dissented:
The decision affirms critics’ arguments that tariffs function as taxes and that the Constitution vests the power to levy taxes in Congress, not the president. The ruling could significantly reshape trade policy by forcing future administrations to seek legislative approval before imposing sweeping tariffs under emergency powers.
Those critics said tariffs are a tax and that the power to levy taxes is a Congressional power, and that the Trump tariffs were an end-run around Congress. Some Republicans, including Reps. Kevin Kiley of California and Thomas Massie of Kentucky vowed to tank a procedural vote on a rule proposed by Speaker of the House Mike Johnson that would ban Congressional challenges to tariffs. On February 12, six Republicans joined Democrats to pass a resolution condemning President Trump’s tariffs against Canada. “Any Republican, in the House or the Senate, that votes against TARIFFS will seriously suffer the consequences come Election time, and that includes Primaries!” President Trump said on Truth Social around the time of the House vote.
The Trump administration argued that the IEEPA emergency powers are intentionally broad so the president can respond quickly to national emergencies, and that restricting his power would weaken leverage in negotiations and national-security disputes. That was the worry expressed by Treasury Secretary Scott Bessent, according to Reuters.
For his part, Trump has repeatedly viewed tariffs as a means to combat what he sees as a national security threat.
Also, for what it’s worth, even CNN is reporting that the decision could actually help Republicans in the midterms ward off Democratic challengers because now they don’t have to defend them and as tariffs come off, prices for many items are likely to come down. So that’s a win.
