WASHINGTON (CN) — Marking a rare rebuke, the Supreme Court on Friday ruled that President Donald Trump does not have emergency powers to issue unilateral international tariffs, prompting a furious response from the Oval Office.
Leading a disjointed majority, Chief Justice John Roberts said the president needed Congress’ approval for such an action.
“The president asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope,” the George W. Bush appointee wrote. “In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it.”
In response, Trump said he would re-impose the tariffs using other means, announced an additional 10% global tariff and railed against the six justices in the majority. He said he was ashamed of some members of the court while calling others “fools and lapdogs for the RINOs and the radical left Democrats.”
Trump had used the International Emergency Economic Powers Act, also known as IEEPA, to impose new tariffs on almost all U.S. trading partners in April. The Nixon-era law gives the president authority to deal with unusual or extraordinary foreign threats during a national emergency. Presidents have invoked the act dozens of times to impose sanctions, justify export controls or restrict transactions, but never to impose tariffs.
The six-justice majority held that the Constitution gives Congress — not the executive branch — power to implement tariffs. Even if IEEPA gave Trump some tariff authority, Justice Amy Coney Barrett and Justice Neil Gorsuch, both Trump appointees, joined Roberts in holding that the major questions doctrine prevented Trump from making massive policy decisions unilaterally.
Justice Sonia Sotomayor, Justice Elena Kagan and Justice Ketanji Brown Jackson agreed that IEEPA didn’t give Trump authority to implement his tariffs but refused to apply the major questions doctrine. Sotomayor and Kagan were appointed by Barack Obama; Jackson was appointed by Joe Biden.
Under the Supreme Court’s 2022 ruling in West Virginia v. EPA , the executive branch needs clear authorization from Congress for actions with major economic or political impacts. In 2023, the justices used West Virginia ’s major questions doctrine to strike down then-President Biden’s student debt forgiveness plan.
Justice Brett Kavanaugh, a Trump appointee, penned a dissent joined by Justice Clarence Thomas and Justice Samuel Alito, stating the court’s decision would have substantial economic effects and generate uncertainty with trade agreements.
“The United States may be required to refund billions of dollars to importers who paid the IEEPA tariffs, even though some importers may have already passed on costs to consumers or others,” Kavanaugh wrote. “As was acknowledged at oral argument, the refund process is likely to be a ‘mess.’”
Thomas is a George H.W. Bush appointee and Alito is a George W. Bush appointee.
Trump called out the three dissenting justices by name, congratulating them “for their strength and wisdom and love of our country.” Trump had specific praise for Kavanaugh, who suggested the president had other paths to implement tariffs.
"I would like to thank Justice Kavanaugh for, frankly, his genius and his great ability," Trump said.
Kavanaugh offered Trump an alternative road for tariffs, saying the president could use the Trade Expansion Act of 1962, the Trade Act of 1974 and the Tariff Act of 1930.
“In essence, the court today concludes that the president checked the wrong statutory box by relying on IEEPA rather than another statute to impose these tariffs,” Kavanaugh wrote.
Trump pointed to the acts named by Kavanaugh, saying all national security tariffs would remain under a section of the 1962 act and citing a section of the 1974 act to impose the new global 10% tariff.
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