The Supreme Court ruled Friday that President Trump cannot use emergency powers to impose sweeping tariffs on foreign imports — leaving the White House facing the prospect of paying back tens of billions of dollars to traders.
In a 6-3 vote, the justices found that the International Emergency Economic Powers Act (IEEPA), which Trump used to apply broad, across-the-board levies — including a 10% baseline rate and additional tariffs on America’s three biggest trading partners over the shipping of fentanyl to the US — does not authorize the imposition of duties.
Chief Justice John Roberts wrote the majority opinion, joined by conservative Justices Amy Coney Barrett and Neil Gorsuch, as well as liberal Justices Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor.
In his opinion, Roberts noted that the “lengthy list of powers” articulated by the IEEPA does not include “any mention of tariffs or duties.”
Nope. Like he always does, he went right around them. No problems, no worries.