The Supreme Court ruled Friday that President Donald Trump doesn’t have the sweeping tariff authority he claimed under the International Emergency Economic Powers Act (IEEPA). The 6-3 decision, authored by Chief Justice John Roberts, serves as a significant check on presidential power regarding global trade.+1
The ruling addressed a key policy from the Trump administration, which attempted to impose wide-ranging tariffs on products from Mexico, Canada, and China, as well as reciprocal tariffs on “all trading partners.”
Before reading the full breakdown of Chief Justice Roberts’ statement and Kavanaugh’s dissenting opinion, the moment the verdict was read sparked immediate reactions.
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Roberts wrote Friday that the administration’s assertion of independent power to impose tariffs on imports from any country, of any product, at any rate, “cannot bear such weight.” He noted that no previous president had interpreted the IEEPA to confer such limitless power.
“We claim no special competence in matters of economics or foreign affairs,” Roberts wrote. “We claim only, as we must, the limited role assigned to us by Article III of the Constitution. Fulfilling that role, we hold that IEEPA does not authorize the President to impose tariffs.”
The Dissenting Voices The case prompted nearly 170 pages of separate opinions. Justice Brett Kavanaugh wrote a dissenting opinion, joined by Justices Clarence Thomas and Samuel Alito. Kavanaugh argued that the immediate effect of the ruling could be “substantial,” potentially requiring the government to refund billions of dollars to importers who paid the IEEPA tariffs.
Interestingly, Trump appointees Neil Gorsuch and Amy Coney Barrett joined the 6-3 majority alongside the court’s three Democratic appointees. At the November hearing, Barrett notably questioned the necessity of worldwide tariffs, asking why countries like Spain or France needed to be subjected to the policy.
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