Supreme Court Strikes Down Trump’s Tariff Regime
The Supreme Court ruled Friday that most of President Donald Trump’s world-wide tariffs are illegal, dealing a setback to one of the president’s top priorities. Since his second month in office, Trump has set about to impose drastic, varying, and haphazard tariffs on countries across the globe. Trump purported that most of these tariffs were authorized under the 1977 International Emergency Economic Powers Act. But in a 6-3 decision, the justices ruled that IEEPA did not give the president power to impose tariffs. Trump will now have to turn to other, more limited statutes to impose his unilateral tariffs.
Although the outcome is a clear loss for Trump, the court is likely doing him a favor.
IEEPA authorizes the president to respond to “any unusual and extraordinary threat” from abroad, including through the power to “regulate… importation or exportation.” The Trump administration argued that the word “regulate” encompassed “tariff regulation,” which Solicitor General John Sauer described during oral arguments as “the quintessential, most historically-tested method of regulating imports.” But the justices disagreed, finding the words “regulate” and “importation” are not enough to give the president........
