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The Courts United States

US Supreme Court Rejects Trump's Global Tariffs (reuters.com) 228

The U.S. Supreme Court struck down on Friday President Donald Trump's sweeping tariffs that he pursued under a law meant for use in national emergencies, rejecting one of his most contentious assertions of his authority in a ruling with major implications for the global economy. From a report: The justices, in a 6-3 ruling authored by conservative Chief Justice John Roberts, upheld a lower court's decision that the Republican president's use of this 1977 law exceeded his authority.

The court ruled that the Trump administration's interpretation that the law at issue - the International Emergency Economic Powers Act, or IEEPA - grants Trump the power he claims to impose tariffs would intrude on the powers of Congress and violate a legal principle called the "major questions" doctrine. The doctrine, embraced by the conservative justices, requires actions by the government's executive branch of "vast economic and political significance" to be clearly authorized by Congress. The court used the doctrine to stymie some of Democratic former President Joe Biden's key executive actions.

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US Supreme Court Rejects Trump's Global Tariffs

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  • by DewDude ( 537374 ) on Friday February 20, 2026 @11:35AM (#66000984) Homepage

    They already said they had numerous other regulations to keep the tariffs going.

    This just strikes down one. One.

    • by sinij ( 911942 ) on Friday February 20, 2026 @11:38AM (#66000998)
      Correct. They can use Section 232 of the Trade Expansion Act of 1962 or Section 301 of the Trade Act of 1974. This is by no means the end of these counterproductive tariffs.
      • by Busman85 ( 8485281 ) on Friday February 20, 2026 @12:53PM (#66001212)

        The permanent damage has been done and this weak decision upholds the fact no nation can trust the USA again.

        To have any hope of undoing the harm they needed to "reach" out and simply repeat the constitution then slap down every tariff as completely out of bounds. Saying congress can't delegate it's own core power away in any of those laws... even then leaders of the world can see the slow collapse going on. To allow congress to remove itself is actually violation of the supremacy clause of the constitution; not that it matters, the court has been selectively ignoring the constitution for years.

        • by Local ID10T ( 790134 ) <ID10T.L.USER@gmail.com> on Friday February 20, 2026 @04:03PM (#66001684) Homepage

          The permanent damage has been done and ...

          That is the administration's goal. "You can beat the rap, but you can't beat the ride" as the saying goes.

          They can do anything, and it will take months or years to tell them "No", by which point the action is already done. We have seen this with deportations (and later courts saying "No, bring them back..."), with National Guard deployments (and later courts saying "No, you can't do that..."), with military strikes on foreign nations (and later Congress saying "You should not have done that..."), with tariffs (and now the Supreme Court saying "No, you don't have that authority...") -all well after the fact. And all to no real effect. The damage has already been done.

        • Actually I'd prefer to start with the joke: You mean someone implemented my literacy development app/game and the SCOTUS "justices" used it to learn to read the Constitution?

          On your [Busman85's] comment, I want to agree with the two key points, but with extensions.

          On the lack of trust, absolutely, and I think it's about to lead to a war, possibly a YUGE one. The Iranians may be crazy, but they aren't stupid enough to trust the YOB or his sycophantic negotiators. The talk about a diplomatic solution is just

      • by fluffernutter ( 1411889 ) on Friday February 20, 2026 @01:36PM (#66001338)

        Those require a lot more legal work and they are all temporary measures. If they were easier then Trump would have started with them.

        • Re: (Score:3, Informative)

          Exactly, these measures have all sorts of constraints, like that Trump can only impose a maximum tariff length of half a year. It won't stop his assault on America, but it will absolutely slow it down, significantly.

        • by fahrbot-bot ( 874524 ) on Friday February 20, 2026 @03:42PM (#66001630)

          Those require a lot more legal work and they are all temporary measures. If they were easier then Trump would have started with them.

          Not just if they were easier, Trump doesn't like having to justify his actions to anyone else and get their approval -- Checks and Balances be damned.

      • by jebrick ( 164096 ) on Friday February 20, 2026 @02:18PM (#66001438)

        Correct. They can use Section 232 of the Trade Expansion Act of 1962 or Section 301 of the Trade Act of 1974. This is by no means the end of these counterproductive tariffs.

        SCOTUS also ruled on the major questions doctrine he can’t just turn around and call these blanket tariffs sec 232 tariffs which he probably still will do but basically he could only do tariffs per country per commodity and if he’d just say all that would trigger the major questions clause again while they didn’t strike down all tariffs power the didn’t exactly make it very easy on him either

        • by jebrick ( 164096 ) on Friday February 20, 2026 @02:41PM (#66001516)

          Page 2: Held: IEEPA does not authorize the President to impose tariffs.

          Page 3: The Framers gave “Congress alone” the power to impose tariffs during peacetime.

          Page 10: Judge Cunningham concurred (for four judges), reasoning that IEEPA did not authorize the President to impose any tariffs.

          And so on. They were pretty clear that Congress would need to give an explicit, individualized authority to impose tariffs and they cite several laws and prior opinions that use broad language that they still struck down including Biden trying to dismiss education loans. Whatever route he chooses, to be legal, will need to a specific and limited power deferred to the Executive by Congress.

          • by 93 Escort Wagon ( 326346 ) on Friday February 20, 2026 @03:22PM (#66001592)

            Whatever route he chooses, to be legal, ...

            Hahahahahaha! Good one!

            Even if he DID suddenly decide he needed to start following the law, he's got an incompetent attorney general giving him legal guidance. But the idea that he can't just do whatever he wants and declare by fiat that it's legal simply does not enter into his head.

            I suspect he'll just try to do the same stuff using different (but still incorrect) legal justifications, figuring it'll be one or two years before the new case makes it (back) to the Supreme Court.

    • by Gilgaron ( 575091 ) on Friday February 20, 2026 @11:49AM (#66001034)
      It's a win for actually following the delineated powers of our government, at least. Make them pass it through congress if they want to do all this crazy nonsense.
      • Exactly (Score:3, Insightful)

        by sinij ( 911942 )
        They can't pass it through Congress, at least not tariffs on major allies like Canada or UK, which are extremely unpopular. It is huge blunder and avoidable mistake to impose tariffs as a punishment for non-trade related events. Sadly, Trump poisoned the entire concept of "tariffs", so when it is appropriate and reasonable to use them (e.g., China) there will be resistance to do so.
    • by tlhIngan ( 30335 ) <slashdot.worf@net> on Friday February 20, 2026 @01:21PM (#66001294)

      The other regulations take time to implement and require Congress to get off their asses and work. That's why Trump tried to short-circuit the whole process.

      Which is silly, since with complete control of the government - the executive, the legislative (both branches), and the judicial, you should be able to do anything you want the proper way. The problem is the proper way is slow, and it's designed that way because every change should be deliberate to avoid plunging everything into chaos.

      All the tools were there to be used, all anyone had to do was actually use it.

    • Re: (Score:2, Insightful)

      by Sloppy ( 14984 )

      Democrats better hope Republicans find another way to keep this crippling tax increase, or else the economy might start recovering before the midterm elections. Republicans are making an enormous mistake, and Democrats are interrupting them.

      Republicans: "Fuck America! Here, have the biggest tax increase of your entire lifetime! You wanted poverty and reduced individual rights, so here comes poverty and reduced individual rights."

      Cold, Calculating Democrats: "Keep digging your own graves, Republicans!"

      Bleedi

    • by ceoyoyo ( 59147 )

      It does mean a hundred billion dollars in lawsuits to recover illegal taxes though.

    • by gweihir ( 88907 ) on Friday February 20, 2026 @02:07PM (#66001422)

      Well, Trump will clearly do his best to continue to ruin the US economy and then claim he "saved" it and that without the tariffs everything would have been a lot worse and that, anyways, he is all that stands between the barbaric hordes and civilization. And the MAGA morons will believe it and cheer him on.

    • by fahrbot-bot ( 874524 ) on Friday February 20, 2026 @03:40PM (#66001628)

      They already said they had numerous other regulations to keep the tariffs going.
      This just strikes down one. One.

      Yes, but this route was chosen so that Trump could easily impose tariffs unilaterally on every country for the flimsiest (for lack of a better word) reasons, with the least reviewable justifications and limits, especially time.

      Tariffs are usually imposed for a few specific reasons [investopedia.com], not because, for example, a foreign leader wasn't polite enough on a phone call -- Trump says he raised Swiss tariffs after leader’s call: ‘I didn’t really like the way she talked’ [thehill.com]

      “So [the tariffs were] at 30 percent, and I didn’t really like the way she talked to us, and so instead of giving her a reduction, I raised it to 39 percent, ...

      Trump is using tariffs simply as a cudgel because he really doesn't know any other way to negotiate, preferring to dictate terms and harassing people until they give up/in -- ask any contractor who's ever done work for him. Google: trump doesn't pay [google.com]

    • But it's about more important things than tariffs. It's also about whether the Supreme Court will accept Trump exceeding his constitutional authority - in effect ignoring the constitution. Seems like the Republican majority SCOTUS isn't willing to go that far, and it reinforces the Constitution as the supreme authority in America, not the Chief Executive.

  • by DeplorableCodeMonkey ( 4828467 ) on Friday February 20, 2026 @11:45AM (#66001020)

    It's only $175B.

    We were going to spend that much on debt over the next ~3 weeks anyway.

    That's the USA in 2026 for you.

    • by fropenn ( 1116699 ) on Friday February 20, 2026 @12:11PM (#66001092)

      It's only $175B

      That's about $500 per person in the United States. For many families, that's a big deal and would make a significant difference to them. It was taken through an illegal tax and should be returned to them.

      • by rsilvergun ( 571051 ) on Friday February 20, 2026 @12:44PM (#66001192)
        The current estimate for family is about $1,000 in extra taxes for 2025. And 2026 is projected to be almost twice that.

        Donald Trump basically did the single greatest middle class tax hike in American history short of counting when we instituted income tax for world War II.

        Oh and he also let 33,000 violent criminals walk the streets so that he could redirect resources to rounding up dangerous 5th graders.

        No joke that is the estimate number of additional actual criminals who are going to get away with it because they're just aren't any resources to track them down.

        We really don't talk enough about what Trump is doing in terms that the average person can really relate to. Tax raises and criminals on the streets. That's what Trump's incompetence got us and you have to State it that plainly to people
      • by ranton ( 36917 ) on Friday February 20, 2026 @01:32PM (#66001322)

        It's only $175B

        That's about $500 per person in the United States. For many families, that's a big deal and would make a significant difference to them. It was taken through an illegal tax and should be returned to them.

        It won't be returned to families. It will be returned to the companies that paid the tarrifs and have already passed along those costs to consumers. There will be no incentive to pass down these refunds to consumers.

      • by linuxguy ( 98493 ) on Friday February 20, 2026 @01:55PM (#66001388) Homepage

        > It was taken through an illegal tax and should be returned to them.

        That is a woke conspiracy theory! If you did not suffer from woke brain virus, you would know that China pays all the tariffs. Even for the European products we buy.

        And Canada, Greenland and Iran have it coming.

  • Screed incoming (Score:5, Insightful)

    by Varenthos ( 4164987 ) on Friday February 20, 2026 @11:51AM (#66001040)
    The screed that's about to land on his social media account will be one for the ages, to be sure.

    However, you know damn well they're just going to find some other way to implement the asinine tariffs so he can keep toddle stomping every time his feefees get hurt. Then it'll take another year for the courts to invalidate that loophole, rinse and repeat ad nauseum until he's finally gone. Basically, we're stuck with this BS because the courts move at a glacial pace, with apologies to the glaciers.
    • by rsilvergun ( 571051 ) on Friday February 20, 2026 @12:41PM (#66001180)
      It looks like he's going to use that to eat up this new cycle. Basically it's governing by insanity and chaos. Every single thing that he does is designed to cause so much chaos that it distracts you from the last thing he did.

      This isn't me making shit up. It's in project 2025. They call it flood the zone.
      • It looks like he's going to use that to eat up this new cycle. Basically it's governing by insanity and chaos. Every single thing that he does is designed to cause so much chaos that it distracts you from the last thing he did. This isn't me making shit up. It's in project 2025. They call it flood the zone.

        "Flood the zone with shit" is Bannon's phrase (and maybe someone before him), nothing really to do with Project 2025. The strategy is implicit in a lot of their plans, but they don't ever call it out as such.

  • by FudRucker ( 866063 ) on Friday February 20, 2026 @11:52AM (#66001046)
    He is using his position of power to enrich himself

    The USA started out as a federal republic but has since degenerated into a kleprocratic neo-feudalist banana-republic run by a criminal mafia oligarchy
  • In principle, I agree w/ the idea of tariffs. I'm not a "free trade uber alles" guy that most pre-2016 Republicans were, of the schools of Forbes, Kudlow, Limbaugh, Buckley, et al. In the 90s, even though I was pro-GOP on other things, I agreed w/ Dick Gephardt and David Bonior on the need to have fair trade - something that was echoed in Corporate America by the likes of Lee Iacocca, Ross Perot and to an extent, even Trump. All other nations have tariffs on foreign goods - regardless of whether they're

    • by hdyoung ( 5182939 ) on Friday February 20, 2026 @01:11PM (#66001270)
      This idea that the USD is dead as the global currency - you need to look at the numbers before reaching that conclusion.

      https://www.philadelphiafed.or... [philadelphiafed.org].

      USD is 60%, Euro is 20%,Yen and British pound are 5% each, and everything else is basically noise. Yuan, Rouble, Rupee and all the other currencies are basically rounding errors at the global level.

      People who predict the downfall of the US and the USD will eventually be proved right, but that's like somebody telling me that I'm gonna die someday. Wow, sherlock, you're such an insightful genius! Is it gonna be tomorrow or next century?
  • by Posthoc_Prior ( 7057067 ) on Friday February 20, 2026 @12:12PM (#66001096)

    1) 30% of Trump's tariffs were ruled legal.

    2) The administration has been given one year before the tariffs have to be rescinded.

    • 1) 30% of Trump's tariffs were ruled legal.

      2) The administration has been given one year before the tariffs have to be rescinded.

      I don't know where you're getting either of these from:

      "Held: IEEPA does not authorize the President to impose tariffs. The
      judgment in No. 24–1287 is vacated, and the case is remanded with
      instructions to dismiss for lack of jurisdiction; the judgment in No. 25–
      250 is affirmed"

      There are other tariffs still existing, that weren't challenged in this case, but there is no 12 month limit, and all the tariffs challenged in this case were ruled illegal.

      • The IEEPA were the 70% of the tariffs that were ruled illegal. From what I understand, all tariffs that Trump issued were challenged. The ones not issued using IEEPA were ruled legal.

        Here's a link that explains that Trump's tariffs on steel and aluminum were ruled legal: https://www.nbcnews.com/politi... [nbcnews.com]

        Regarding the 12 month delay to rescind the tariffs, I read this on a legal blog. I just did a search to provide the link and couldn't find it. So, this either means that this is wrong or I can't find the l

    • The administration has been given one year before the tariffs have to be rescinded.

      Shopping on that day is going to be crazy.

  • by dskoll ( 99328 ) on Friday February 20, 2026 @12:19PM (#66001118) Homepage

    serious practical consequences in the near term

    So Kavanaugh's basically saying "Even if the tariffs were illegal, they're so darned inconvenient to undo that the regime should get away with acting illegally."

  • by david.emery ( 127135 ) on Friday February 20, 2026 @12:32PM (#66001146)

    https://www.supremecourt.gov/o... [supremecourt.gov]

    It's complex, lots of justices agreeing or arguing. It'll keep legal analysts/commentators busy for a while. But its core holding, "IEEPA does not authorize tariffs" is decided pretty comprehensively. (IANAL.)

  • Trump should be locked up for this illegal use of power.

  • by Somervillain ( 4719341 ) on Friday February 20, 2026 @12:56PM (#66001220)
    Tariffs failed. They didn't accomplish their stated goals. The only thing they did was give DJT leverage to extract bribes and concessions from foreign powers. They made him a king as every leader had to kiss his ring to avoid economic disaster. DJT isn't long for this world...both physically and legally, as his term ends in a little over 2 years. Conceptually, reciprocal tariffs could be an effective way to accomplish the stated goals of reducing unfair state-subsidized trade deficits and righting economic wrongs...but the Trump administration FAILED and FAILED HARD to implement them systematically or effectively or in a logical sound manner.

    Also, remember, tariffs hurt American factories more than foreign ones because they pay tariffs on every piece of machinery and input. American cars have complex components going over the border for a step in Ontario, then coming back then going back to Detroit, then going back for another stage, etc...each border crossing incurs a tariff. Foreign factories only pay tariffs on the finished goods.

    What's more powerful than asshole conservatives? Corporate America. Trump got them to bend the knee at his inauguration...Tim Cook will give him some gold trophy...but Apple is not happy about these tariffs, especially the unpredictability of them. The corporate world has stated many times that if DJT adds tariffs, they'll adjust accordingly...AKA raise prices....EVERY moron knows that. It's just a consumption tax.

    What has frustrated Corporate America is the unpredictability...taxes are fine...it's just math to add extra cost to consumers, but not knowing how much to charge is total chaos and quite destructive. Let's say DeWalt tools wants to build their new storage and hand tools lineup in the USA. Chinese labor is now typically more expensive than building in the USA. Without DJT's asshattery, there is a compelling case for it. Any cost increase due to the USA enforcing regulations can be offset by less shipping costs and faster delivery to their main markets: USA & Canada.

    OK, but now they can't predict price of Steel, chromium, vanadium, rubber, plastic, etc. A nice ToughSystem box sells for $130 retail. Let's assume Home Depot pays $65 per box. Let's assume they can be built and shipped from overseas for $40 in Israel (Keter, who makes Packout/ToughSystem is Israeli). Israeli labor is not cheaper than American labor and they pay a huge shipping cost. Keter could easily set up a factory in Alabama or Iowa and make that for $30...assuming 2024 tariffs....OK, now steel is more expensive...so they need to buy US steel, but...there's a shortage...so that's doubled in price. Injection molding machinery from Germany has gotten more expensive. Chrome plating materials from Canada got more expensive.

    So if it costs $40 to make in Israel and $30 in the USA 3 years ago, what does it cost today? In the last 2 years, that price has changed nearly every month....$0.50 added one month $0.10 dropped another...then a tweet stating it will go up $5...but not hearing any follow up. How the fuck can you run a business? Few segments of the economy can adjust prices in real time.

    However, the irony is you're fucking over American manufacturing more than overseas. Keter pays one tariff. A Chinese factory pays one tariff because they're selling a finished good. The American factory pays tariffs on every raw material used.

    Not only is King Donald fucking over his voters who are facing shortages, price increases, and various form of price gouging in their daily lives...he's fucking over every Republican donor who can't make a business plan and go about their lives like responsible adult companies. Who is benefiting...really just him and his corrupt inner circle....not his donors, not his voters.

    The Supreme Court...as shitty as they currently are...know they will outlive Trump, both literally and politically. The world is watching them. Their stupidity can wreck the economy. I would be amazed if they sided with Trump over the entire fucking US economy.
    • Conservatives will be huddled around a burning garbage can on the street muttering "At least the libs are suffering too". They learned absolutely nothing.

  • by k3v0 ( 592611 ) on Friday February 20, 2026 @01:05PM (#66001250) Journal
    so the gop can try harder to firm up their base and get people to try and forget about the failed tax increase and failed file release
  • these tariffs were rolled out in the most haphazard and unplanned way that i wouldn't be surprised if the rollout cost more to the US than the revenue generated by the tax increases... also paid for by businesses and people in the US
  • Don't hold your breath for lower prices. It will be profit time instead.

    • by hwstar ( 35834 )

      Additionally, the profits won't show up in your stock or retirement portfolio, they will be spent on Executive Compensation and dubious stock buybacks/s

  • > Thomas disagreed with Gorsuch’s interpretation of early history, writing, “Justice Gorsuch’s interpretation of two 'early congressional debates,’... is thus difficult to reconcile with what early Congresses actually did.”
    > He continued: “Since the 1790s, Congress has consistently delegated to the President power over foreign commerce, including the power to impose duties on imports."

    https://www.newsweek.com/clarence-thomas-calls-out-neil-gorsuch-in-supreme-court-d

  • Or update daily Aspirin to 1000mg.

  • "It's my opinion that the court has been swayed by foreign interests and a political movement that is far smaller than people would ever think," Trump said.

    Someone swayed by foreign interests and a smaller than actual political movement you say? /s How much money have/are you, your family, and friends grifting from foreign leaders, countries (including the U.S.) and your 35% MAGA base?

    The Constitution grants Congress the power to tax, not the President. Congress has authorized the President to do some of that unilaterally under very specific circumstances. You stretched the definitions to meet your agendas and SCOTUS said what you did / the way you did

  • Trump told reporters at the White House, complaining that foreign countries were ecstatic at the ruling and were "dancing in the street."

    Foreign countries like Puerto Rico, Minnesota, New York, Houston...

  • 1. Get congress to give him the authority to implement any tariff he so desires. This would probably be attempted by reconciliation, or by filibuster reform.

    2. If #1 fails. Then ignore the supreme court order. When the court issues an injunction, ignore that too. When the US Marshalls get directed by the court to arrest Trumps minions, trump fire everyone in the US Marshalls service. When Congress wakes up and tries to help the court by filing articles of impeachment against Trump, Trump sens in a hand-pic

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