The Supreme Court ( (conservative majority) Invalidates part of Trump's tariffs, what are your reactions?

Question

abc3643 · Accepted Answer

I suspect that I agree with the Court; Trump generally exercizes too much power unilaterally or because the GOP-controlled Congress abdicates its responsibilities giving Trump the ability to be a de facto dictator. This is associated with something called "The Major Questions Doctrine". This is the Google AI Overview of that doctrine:

======

The major questions doctrine is a Supreme Court principle holding that administrative agencies cannot regulate on issues of vast economic and political significance without clear, explicit authorization from Congress. It acts as a constraint on executive power, requiring specific congressional, rather than implicit, statutory authority for major policies.

Key aspects of the doctrine include:

Definition of "Major": The doctrine applies when an agency asserts broad power over an issue of significant economic or political importance, such as in Biden v. Nebraska (student loans) or West Virginia v. EPA (emissions).
Clear Statement Rule: Congress must explicitly delegate authority for these issues, preventing agencies from discovering expansive, new powers in old, vague statutes.
Limiting Agency Discretion: It serves as a check on the regulatory state, often replacing the previous, more deferential approach (known as Chevron deference) when high-stakes regulations are involved.
Constitutional Basis: The doctrine is linked to the nondelegation doctrine and separation of powers, ensuring that Congress, not the executive branch, makes major policy decisions.
Origin: While rooted in earlier cases like FDA v. Brown & Williamson Tobacco Corp. (2000), it has recently become a central, frequently used tool by the Supreme Court to strike down significant federal agency actions.

The doctrine is often seen as a tool for reducing the scope of federal regulations by requiring direct, unambiguous, and timely legislation from Congress.

======

While I likely agree with the Court, at the same time, I do empathize a bit with the minority (Alito, Thomas, Kavanaugh) which asserts that tariffs are part of foreign policy.

However, in reality, tariffs are essentially a tax passed on the people and only Congress has the power to levy taxes.

This article at the US Congress's website does a nice job explaining it:
https://www.congress.gov/crs-product/IF11030

U. S. Tariff Policy: Overview
CRS PRODUCT (LIBRARY OF CONGRESS)
CRS Product Type: In Focus
CRS Product Number: IF11030
Topics: Trade & International Finance
Publication Date: 01/31/2025
Author: Casey, Christopher A.

Introduction

A tariff is a tax levied on imported goods and services. Historically, tariffs were a major source of revenue for many countries and were often the primary source of federal revenue through the late-nineteenth century. Today, other taxes account for most government revenue in developed countries. Tariffs are now typically used selectively to protect certain domestic industries, advance foreign policy goals, or as negotiating leverage in trade negotiations.

The U. S. Constitution empowers Congress to set import tariffs, a power that Congress has partially delegated to the President. The United States is also a member of the World Trade Organization (WTO) and a party to a number of trade agreements, which include specific tariff-related commitments. Congress and the President thus create U. S. tariff policy within the context of a rules-based global trading system.
...
U. S. Tariff Policy

Who Makes U. S. Tariff Policy?

The Constitution grants Congress the power to lay and collect duties and to regulate commerce with foreign nations. Because tariffs are no longer a major element of domestic tax policy, they have instead become an instrument of U. S. foreign policy and trade promotion. As such, Congress often works with the President to set tariff policy by authorizing the President to negotiate trade agreements and to adjust tariffs in certain circumstances.
...

==========================================

SCOTUSblog does a good job summarizing the opinion of the Court.

OPINION ANALYSIS
Supreme Court strikes down tariffs
By Amy Howe
on Feb 20, 2026

https://www.scotusblog.com/2026/02/supreme-court-strikes-down-tariffs/

==========================================

This is the actual "Opinion of the Court".

Holding: The International Emergency Economic Powers Act does not authorize the President to impose tariffs.

Judgment: Vacated and remanded, 6-3, in an opinion by Chief Justice Roberts on February 20, 2026. Chief Justice Roberts announced the judgment of the court and delivered the opinion of the court with respect to Parts I, II–A–1, and II–B, in which Justices Sotomayor, Kagan, Gorsuch, Barrett, and Jackson joined, and an opinion with respect to Parts II–A–2 and III, which Justices Gorsuch and Barrett joined. Justices Gorsuch and Barrett wrote concurring opinions. Justice Kagan wrote an opinion concurring in part and concurring in the judgment, joined by Justices Sotomayor and Jackson. Justice Jackson wrote an opinion concurring in part and concurring in the judgment. Justice Thomas wrote a dissenting opinion. Justice Kavanaugh wrote a dissenting opinion, joined by Justices Thomas and Alito.

https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf

OlderAndWiser · Accepted Answer

I was not opposed to the tariffs but it is more important to preserve the principle of separation of powers. That doctrine of our government is far more important than any one issue. I am sure the President will find another way to accomplish his goals with the imposition of tariffs.

emeraldsaphire · Accepted Answer

Good on the Supreme Court, they actually followed the law for once. Nowhere in the constitution is the executive branch given the power to levy taxes. That power is solely vested in the House of Representatives, and Senate. Kinda.

I'm not convinced anyone on the court knows how to read. So this is a nice surprise.

Abbycado · Accepted Answer

Pretty much saw that coming, given what has been written in the news. Don't understand why he can't do things the normal way.

madhatters4 · Answer

if tariffs are so good and beneficial for the nation why doesn't trump just go through the constitutionally provided process?

negotiate a tariff and have congress present the bill. vote. go to the president's desk for ratification? he's got control of both the house and senate. he has a supreme court in his hand that cannot overturn his tariffs if he goes through the constitutional process

my reaction. it's just a minor victory for the economic safety of our country.

Curmudgeon · Answer

It is an interesting Constitutional question, one that requires more research on most of our parts to understand. I am a humble "bean counter" (accountant) not a full fledged legal scholar. But in a nutshell or to sum it up:

1. A Tariff is a Tax, and that is Constitutionally definitely part of Congress (power of the purse). However,

2. These Tariffs are part of treaties with other nations, and a Treaty with a foreign nation is definitely a Presidential power, subject to Senate ratification, but still a Presidential power.

So we have some "gray areas" here.

lightbulb27 · Answer

I'll claim not fully knowing the whole issue at a legal level... in essence, limits the prez power. That's good and bad. I'm ok with it, I have no choice do I? It means division of power is still in play.

But it throws monkey wrench into the whole plan to do unilateral trade and beat on countries that don't agree. A stick has been removed...

So that's good and bad isn't it? Probably more good than bad, but the reaction now is uniform which could be worse for some more poor countries.

I think it's good for the world to see the conservatives don't agree with the Prez, uniformely, that we have conflict and dialog internally. that's positive still, it may not last much longer in our history as we move towards absolute power like China.

My main reaction was to make breakfast...

Buy Gold, probably a good idea... but late to the party.

Master_Debator · Answer

I'm already burned out from the Liberals running yet another victory lap and being boss babes (males too, mostly males actually... it's just how they act), instead of waiting to see how Trump gets around a minor setback.

I mean do they not learn from the past or something? That and it's such a waste of time. The TDS is real... Having TDS and going ape shit about anything he does has become one of the USA identities... it's right in there with the dumb blond bimbo, the angry black man, and the really effeminate acting gay. Congradulations, Trump defeated... for like the thousanth time... we don't really want to hear them rant about it but they're gonna do it anyways.

it hasn't even been that long, think it started yesterday morning, by the evening he was already making them eat their victory lap words, but like always, they did it anyways... victory laps.

permanentem · Answer

It think it's hilarious that it means anything given that the President has many tools in his tool box for imposing tariffs. Like I said months ago, if one way gets blocked he will just switch to the next method and that's exactly what he did... 6:39 PM Eastern tonight

"It is my Great Honor to have just signed, from the Oval Office, a Global 10% Tariff on all Countries, which will be effective almost immediately. Thank you for your attention to this matter! PRESIDENT DONALD J. TRUMP"

WindAtMyBack · Answer

No big deal. He knows that would happen. He's dealt with governments his entire life. You won't know until you try it. It's built into the common law system.

Regular people do the same thing, but maybe on a smaller scale. How many times on this site have people said "Just ask her out and see what happens."?

Zack-Bann · Answer

Conservatives are capitalists and tariffs are commonly found in socialist regimes where the government is heavily involved in the market

It’s no surprise they oppose them

Even if Trump is a self proclaimed conservative.
He’s definitely a rogue entity with his own views and decisions

exitseven · Answer

Trump's economic advisor Brian Hassett said a long time ago that there are other statutes that can be used to impose tariffs if the supreme court rules against it.

President Trump gave a press conference this afternoon saying the same thing. All 3 major stock markets hare risen today despite a rocky hour or so after this news broke.

NYCQuestions1976 · Answer

The conservative justices were split (3-3), and the Supreme Court ruled against Trump's usage of IEEPA to implement his tariffs, not necessarily the tariffs themselves. So Trump is just going to implement his tariffs under a different statute/law.

Snakeyes7 · Answer

I'm pretty sure they struck down a certain method of doing it. Trump will just use another legal avenue to do it.

Whether you like it or not, congress has placed its trust in the executive branch to levy tariffs. If the president can make treaties, then it makes sense for them to do it.

noohair · Answer

If you take the emotion out of this decision, the Justices came to the correct conclusion. And I understand how this was a negotiation tool but if the President would have acted more like a surgeon instead of a blacksmith, I don’t think this would have ever gotten to the Supreme Court.

888theGreat · Answer

It was a victory for the American people and the Constitution. Trump will ignore the ruling since he doesn't respect the court system. He should be arrested if he does , then Impeached. We have always had Presidents that respected the Supreme Court's rulings , but Trump which hates the Courts , the Constitution, and rule of law.

RavVid · Answer

It seems he needs to rely on other statutes. Of which there are options. Part of the dissenting judgement were telling him to use other laws to base his actions on. There may be no effective change.

Miristheiss · Answer

I do not know the law in this area. Who has the power to set tariffs? Is it not clear? Does the president have authority or not? Is a tariff a judicial matter? I do not know this stuff.

FreyaRed · Answer

Laughing

NathanDavis · Answer

like a baby throwing a tantrum... he'll just throw another one... lol

darkcloud1945 · Answer

Stupidity reigning supreme. We need the money, just look at NYC, the idiot communist Mayor has run outof money. LMFAO. This is the future of America under THE AMERICA LAST DEMOCRATIC COMMUNIST PARTY OF AMERICA!

AviatorTom · Answer

I think it's a good decision, consistent with the Constitution. The President needs to work with Congress to determine tariffs.

strawberryapple · Answer

It just means that we've gone back to the Biden era.

Dargil · Answer

He will regroup, examine the law and re-inflict a 10% tariff globally. Because that is not prohibited.

Pterodon · Answer

They had their reasons I guess. It proves Trump isn’t a king and our constitution and democracy are still intact regardless what democrats scream

Spencer10 · Answer

Unimpressed. I fear the USA is too far gone. The rule of law means nothing anymore.

Alexandrubaschet08 · Answer

The democratic sistem of USA show signs or been still alive, there is still hope.

Anonymous · Answer

I'm disappointed ☹️ I was expecting an unexpected lol win for the Presidency.  Ah well. I for one still admire Justice Clarence, H. W. Bush's only appointment.

Friendlybro79 · Answer

He'll do what he wants anyway since he doesn't respect the rule of law.

Alex-Snow · Answer

Good move... finally some checks and balances on Trump.

RyanEC · Answer

I was never supportive of his tariff policy. Seems far to protectionist and isolationist.

qwerty2469 · Answer

Their decision was kind of retarded but ultimately didn't effect anything so I don't care. They actually gave the president more authority.

Anonymous · Answer

They literally followed the Constitution this time. Trump's typical man baby response doesn't change that fact.

purplepoppy · Answer

I suspect most of them will be replaced by Monday.

MrChinaski · Answer

Welcome to the Post-Trump Era.

beefcakebradybatson · Answer

They got it partly right !!!

The Supreme Court ( (conservative majority) Invalidates part of Trump's tariffs, what are your reactions?

Most Helpful Opinions

What Girls & Guys Said

Supreme Court rules Trump's Tariffs unlawful, does this save America and economy?

The Supreme Court ( (conservative majority) Invalidates part of Trump's tariffs, what are your reactions?

Most Helpful Opinions

What Girls & Guys Said

Supreme Court rules Trump's Tariffs unlawful, does this save America and economy?

We're glad to see you liked this post.