Supreme Court blocks Trump tariffs in major test of executive branch powers
This looks less like justice and more like strategy.
The Supreme Court on Friday blocked President Donald Trump’s use of an emergency law to unilaterally impose sweeping tariffs on most U.S. trading partners, delivering a blow to the president in a case centered on one of his signature economic policies — one he characterized as "life or death" for the U.S. economy.
In a 6-3 decision, the justices invalidated Trump's tariffs. Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh dissented.
"The Framers gave that power to ‘Congress alone’—notwithstanding the obvious foreign affairs implications of tariffs," Chief Justice John Roberts wrote for the majority. "And whatever may be said of other powers that implicate foreign affairs, we would not expect Congress to relinquish its tariff power through vague language, or without careful limits."
Roberts noted that Trump used "two words" that were "separated by 16 others" in the International Emergency Economic Powers Act (IEEPA), "regulate" and "importation," to justify that he had the "independent power to impose tariffs on imports from any country, of any product, at any rate, for any amount of time."
"Those words cannot bear such weight," Roberts wrote.
The Supreme Court heard oral arguments in November in the case, which centered on Trump’s use of the IEEPA to enact his "Liberation Day" tariffs on most countries, including a 10% global tariff and a set of higher, so-called "reciprocal" tariffs on certain nations.
BATTLEGROND STATES SHOULDER BURDEN OF TRUMP'S TARIFFS AS MIDTERM MESSAGING RAMPS UP
In April, Trump declared the U.S. trade deficit a "national emergency," and lawyers for the administration have cited that declaration as the legal basis for invoking IEEPA, which allows the president to respond to "unusual and extraordinary threats" when a national emergency has been declared.
The high court agreed to take up the case last fall after lower courts, including the U.S. Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit, blocked Trump’s attempt to use IEEPA to enact import duties.
Lower courts pressed the Justice Department to explain why Trump invoked IEEPA when other, more narrowly tailored statutes enacted by Congress more specifically address tariffs — including laws that cap tariffs at certain levels or set timeframes subject to congressional review.
The law authorizes the president to "regulate … importation" during a declared national emergency, but it does not mention the word "tariffs" — an omission that was at the heart of the hours-long arguments before the high court in November. The absence of the …
This looks less like justice and more like strategy.
The Supreme Court on Friday blocked President Donald Trump’s use of an emergency law to unilaterally impose sweeping tariffs on most U.S. trading partners, delivering a blow to the president in a case centered on one of his signature economic policies — one he characterized as "life or death" for the U.S. economy.
In a 6-3 decision, the justices invalidated Trump's tariffs. Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh dissented.
"The Framers gave that power to ‘Congress alone’—notwithstanding the obvious foreign affairs implications of tariffs," Chief Justice John Roberts wrote for the majority. "And whatever may be said of other powers that implicate foreign affairs, we would not expect Congress to relinquish its tariff power through vague language, or without careful limits."
Roberts noted that Trump used "two words" that were "separated by 16 others" in the International Emergency Economic Powers Act (IEEPA), "regulate" and "importation," to justify that he had the "independent power to impose tariffs on imports from any country, of any product, at any rate, for any amount of time."
"Those words cannot bear such weight," Roberts wrote.
The Supreme Court heard oral arguments in November in the case, which centered on Trump’s use of the IEEPA to enact his "Liberation Day" tariffs on most countries, including a 10% global tariff and a set of higher, so-called "reciprocal" tariffs on certain nations.
BATTLEGROND STATES SHOULDER BURDEN OF TRUMP'S TARIFFS AS MIDTERM MESSAGING RAMPS UP
In April, Trump declared the U.S. trade deficit a "national emergency," and lawyers for the administration have cited that declaration as the legal basis for invoking IEEPA, which allows the president to respond to "unusual and extraordinary threats" when a national emergency has been declared.
The high court agreed to take up the case last fall after lower courts, including the U.S. Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit, blocked Trump’s attempt to use IEEPA to enact import duties.
Lower courts pressed the Justice Department to explain why Trump invoked IEEPA when other, more narrowly tailored statutes enacted by Congress more specifically address tariffs — including laws that cap tariffs at certain levels or set timeframes subject to congressional review.
The law authorizes the president to "regulate … importation" during a declared national emergency, but it does not mention the word "tariffs" — an omission that was at the heart of the hours-long arguments before the high court in November. The absence of the …
Supreme Court blocks Trump tariffs in major test of executive branch powers
This looks less like justice and more like strategy.
The Supreme Court on Friday blocked President Donald Trump’s use of an emergency law to unilaterally impose sweeping tariffs on most U.S. trading partners, delivering a blow to the president in a case centered on one of his signature economic policies — one he characterized as "life or death" for the U.S. economy.
In a 6-3 decision, the justices invalidated Trump's tariffs. Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh dissented.
"The Framers gave that power to ‘Congress alone’—notwithstanding the obvious foreign affairs implications of tariffs," Chief Justice John Roberts wrote for the majority. "And whatever may be said of other powers that implicate foreign affairs, we would not expect Congress to relinquish its tariff power through vague language, or without careful limits."
Roberts noted that Trump used "two words" that were "separated by 16 others" in the International Emergency Economic Powers Act (IEEPA), "regulate" and "importation," to justify that he had the "independent power to impose tariffs on imports from any country, of any product, at any rate, for any amount of time."
"Those words cannot bear such weight," Roberts wrote.
The Supreme Court heard oral arguments in November in the case, which centered on Trump’s use of the IEEPA to enact his "Liberation Day" tariffs on most countries, including a 10% global tariff and a set of higher, so-called "reciprocal" tariffs on certain nations.
BATTLEGROND STATES SHOULDER BURDEN OF TRUMP'S TARIFFS AS MIDTERM MESSAGING RAMPS UP
In April, Trump declared the U.S. trade deficit a "national emergency," and lawyers for the administration have cited that declaration as the legal basis for invoking IEEPA, which allows the president to respond to "unusual and extraordinary threats" when a national emergency has been declared.
The high court agreed to take up the case last fall after lower courts, including the U.S. Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit, blocked Trump’s attempt to use IEEPA to enact import duties.
Lower courts pressed the Justice Department to explain why Trump invoked IEEPA when other, more narrowly tailored statutes enacted by Congress more specifically address tariffs — including laws that cap tariffs at certain levels or set timeframes subject to congressional review.
The law authorizes the president to "regulate … importation" during a declared national emergency, but it does not mention the word "tariffs" — an omission that was at the heart of the hours-long arguments before the high court in November. The absence of the …
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