• Read the full opinion (PDF) The Supreme Court ruled 6-3 this morning that President Trump’s use of the International Emergency Economic Powers Act to impose tariffs was unlawful. • Chief Justice Roberts wrote the opinion. • Thomas, Alito, and Kavanaugh dissented. • TL;DR the Constitution gives Congress the power to tax imports. • Article I, Section 8. • The president has no inherent authority to impose tariffs during peacetime, the government conceded this at oral argument.
Article Summaries:
- The Supreme Court ruled 6‑3 that President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs was unconstitutional. Chief Justice Roberts wrote that the Constitution grants Congress sole authority to tax imports under Article I, Section 8, and that the president lacks inherent power to levy tariffs during peacetime. The Court found that IEEPA’s language does not authorize tariff‑setting; the word “tax” is absent from its nine verbs, and “tariff” never appears. About $133.5 billion in IEEPA‑based tariff revenue-roughly 60 % of all tariffs since 2018-may be subject to refund claims. Tariffs under other statutes, such as Sections 301 and 232, remain valid.
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