Supreme Court declares Trump’s emergency tariffs are illegal
On Friday, the Supreme Court struck down President Donald Trump’s expansive global tariff program, delivering a significant loss to a cornerstone of his economic agenda.
In a 6-3 ruling, the justices focused on tariffs enacted under an emergency powers statute, including the broad “reciprocal” duties applied to nearly every nation.
The case marks the first significant element of Trump’s sweeping policy agenda to reach the Supreme Court, an institution he reshaped during his first term with three conservative appointments.
Writing for the majority, Chief Justice John Roberts said the Constitution “very clearly” assigns Congress the authority to levy taxes, including tariffs. “The Framers did not vest any part of the taxing power in the Executive Branch,” he stated.
Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh dissented.
The majority did not determine whether businesses could recover the billions of dollars already paid under the tariffs. Numerous companies — including warehouse retailer Costco — have begun pursuing refunds in lower courts, a process Kavanaugh acknowledged may prove complex.
