A Cross-Ideological Blow to Presidential Power (Image Credits: Unsplash)
Washington, D.C. – President Donald Trump shook hands with Chief Justice John Roberts and Justices Elena Kagan, Brett Kavanaugh, and Amy Coney Barrett upon entering the House chamber for his State of the Union address, mere days after the Supreme Court struck down major components of his tariff program.[1][2]
A Cross-Ideological Blow to Presidential Power
Chief Justice Roberts authored the majority opinion in Learning Resources, Inc. v. Trump, where the Court ruled 6-3 that the International Emergency Economic Powers Act did not authorize the president to impose broad tariffs.[2][3] The decision invalidated “trafficking tariffs” on products from China, Canada, and Mexico aimed at curbing fentanyl flows, as well as “reciprocal” tariffs of at least 10% on imports from nearly all countries to address trade deficits.
Roberts emphasized that the statute’s language to “regulate … importation or exportation” lacked any reference to tariffs or duties, rejecting the administration’s broad interpretation.[2] Justices Neil Gorsuch and Amy Coney Barrett penned separate concurrences, while Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson fully joined the outcome through ordinary statutory interpretation.
The dissent, led by Justice Kavanaugh and joined by Justices Clarence Thomas and Samuel Alito, argued that tariffs fell within traditional tools to regulate imports, akin to quotas and embargoes.
President’s Harsh Words Ignite Backlash
Trump reacted swiftly to the February 20 ruling, labeling the justices who sided against him a “disgrace” and “very unpatriotic,” while calling others “disloyal” to the Constitution and an “embarrassment to their families.”[1] He specifically targeted Barrett and Gorsuch in his weekend social media posts.
The tariffs had generated significant revenue, which Trump credited with bolstering U.S. economic strength and negotiating better trade deals.[4] Critics warned the decision could lead to over $200 billion in potential refunds and uncertainty in ongoing trade agreements.
Decorum Prevails at State of the Union
Four justices attended the February 24 address: Roberts, Kagan, Kavanaugh, and Barrett, seated prominently in the front row.[5] Trump paused for brief greetings and handshakes with each before ascending the podium.
During the speech, he described the ruling as “very unfortunate,” defending the duties as essential for national security and economic leverage.[4] Barrett and Kavanaugh, both Trump appointees, clapped with the crowd, while Roberts and Kagan remained stoic.[1]
- Roberts: Wrote majority opinion.
- Kagan: Joined majority, attended without applause.
- Kavanaugh: Dissented, clapped during speech.
- Barrett: Concurring opinion, clapped.
New Tariffs on the Horizon
Undeterred, Trump announced plans for a new 10% global tariff regime under “time-tested” authorities, later raised to 15%, bypassing the struck-down emergency powers.[4] He vowed a fresh legal challenge to sustain his trade agenda without congressional input.
The ruling reinforces Congress’s control over tariffs while leaving room for executive action through other statutes, potentially reshaping global supply chains and consumer prices.
This juxtaposition of personal courtesy and policy friction underscores the delicate balance between branches of government. The episode highlights ongoing debates over executive authority in trade. What do you think of the Court’s decision and Trump’s response? Tell us in the comments.
Key Takeaways
- Supreme Court ruled 6-3 that IEEPA does not permit presidential tariffs, with Roberts, Gorsuch, Barrett joining liberals.[2]
- Trump criticized justices harshly before greeting four at SOTU, calling ruling “very unfortunate.”[1]
- New 10-15% global tariffs planned via alternative laws, signaling continued trade push.[4]
