Supreme Court: Trump’s Tariffs Illegal

The United States Supreme Court ruled on Friday that President Donald Trump’s trade tariffs are illegal and cannot be imposed without Congressional approval. The decision was made with a vote of six to three.

Last year, the justices issued temporary orders to block several of Trump’s initiatives, but Friday’s ruling is the first that establishes the president exceeded his legal authority.

The justices focused on the president’s claimed legal power to impose tariffs in response to an international economic emergency. The International Emergency Economic Powers Act of 1977, which Trump referenced, does not mention tariffs and has not previously been used to introduce such import duties.

Chief Justice John G. Roberts Jr., speaking for the Court, said that Congress has the authority to impose taxes and tariffs, and that lawmakers did not do so in an emergency law that does not mention tariffs.

“The President is claiming the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope. Considering the scope, history, and constitutional context of this asserted authority, he must identify clear Congressional authorization to exercise it,” he wrote.

Justice Neil M. Gorsuch emphasized Congress’ role in a concurring opinion.

“The Constitution vests the nation’s legislative powers in Congress alone,” he said.

Justices Clarence Thomas, Samuel A. Alito, and Brett M. Kavanaugh dissented from the Court.

Claimed Emergency

The law states that the president, in response to a national emergency, can address an “unusual and extraordinary threat” by freezing assets, sanctioning a foreign country, or otherwise regulating trade.

Trump argued that the country’s longstanding trade deficit constituted an emergency and that tariffs were an appropriate regulation.

Trump claimed the tariffs would bring in trillions of dollars in revenue for the government and encourage more manufacturing in the US, while critics argued these new taxes primarily hit small businesses and raise prices for American consumers.