BY Rosemary

The U.S. Supreme Court on Friday struck down former President Donald Trump’s expansive global tariff program, ruling that he overstepped constitutional boundaries by imposing broad import taxes without explicit authorization from Congress. The 6-3 decision represents a significant blow to a central pillar of Trump’s economic platform and marks the first major test of his sweeping trade agenda before the nation’s highest court.

In a majority opinion authored by Chief Justice John Roberts, the court concluded that the Constitution vests the power to levy taxes squarely with Congress and does not permit a president to unilaterally create or modify tariffs under the emergency statute cited by the administration. The ruling focused on tariffs Trump imposed under the International Emergency Economic Powers Act, commonly known as IEEPA.

“The Framers did not vest any part of the taxing power in the Executive Branch,” Roberts wrote, emphasizing that while the president retains substantial authority over foreign affairs, that power does not extend to independently setting tax policy.

The case centered on Trump’s sweeping “reciprocal” tariffs introduced in April 2025, which applied to nearly every country in response to trade deficits he declared a national emergency. Earlier rounds of duties had targeted Canada, China and Mexico, with the administration citing concerns including drug trafficking and national security. Together, the measures reshaped global trade flows and generated billions in federal revenue.

According to federal data presented during the litigation, the Treasury Department collected more than $133 billion from tariffs imposed under the emergency powers statute through December. Over the next decade, the administration had projected the measures would generate as much as $3 trillion.

The court’s decision leaves open a complicated and potentially contentious question: whether companies that paid the tariffs are entitled to refunds. Major retailers and importers, including warehouse giant Costco, have already initiated claims in lower courts seeking reimbursement. In dissent, Justice Brett Kavanaugh acknowledged the administrative difficulties ahead.

“The Court says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers,” Kavanaugh wrote. “But that process is likely to be a ‘mess,’ as was acknowledged at oral argument.”

Kavanaugh was joined in dissent by Justices Samuel Alito and Clarence Thomas. The dissenters argued that the emergency statute, read in its full historical and textual context, permitted the president’s actions. “The tariffs at issue here may or may not be wise policy. But as a matter of text, history, and precedent, they are clearly lawful,” Kavanaugh wrote.

Trump was meeting privately with nearly two dozen governors from both political parties when the decision was released. According to a person familiar with the conversation, he described the ruling as “a disgrace.” The White House did not immediately issue a formal statement.

The majority opinion also invoked the court’s “major questions doctrine,” a judicial principle requiring Congress to speak clearly when authorizing executive actions of vast economic and political significance. Roberts wrote that the doctrine applies even in the context of emergency statutes and that Congress did not clearly delegate tariff-setting authority in IEEPA.

Notably, the three liberal justices joined the judgment and most of the opinion but did not sign onto the section explicitly grounding the decision in the major questions doctrine. The alignment produced a rare cross-ideological majority in a case with sweeping economic implications.

The administration had argued that tariffs occupy a unique space at the intersection of trade and foreign policy, areas traditionally afforded broad executive discretion. Government lawyers maintained that courts should not second-guess presidential judgments in matters involving international economic leverage. Roberts, joined by Justices Neil Gorsuch and Amy Coney Barrett, rejected that contention, writing that foreign policy implications do not override constitutional limits on taxation authority.

The ruling does not foreclose all tariff actions by the executive branch. Presidents retain authority under other trade statutes, though those frameworks impose more procedural requirements and constraints on scope. Senior administration officials have previously indicated they would seek alternative statutory avenues to maintain elements of the tariff regime if necessary.

Legal challengers hailed the decision as a decisive affirmation of constitutional separation of powers. Neal Katyal, who represented a coalition of small businesses, described the outcome as a comprehensive victory for the plaintiffs and a reaffirmation that Congress — not the president — controls the power to tax.

The lawsuits were brought by a diverse group of plaintiffs, including a dozen states, many led by Democratic governors, as well as small businesses importing goods ranging from plumbing equipment to educational toys and specialty apparel. Business groups that often align with Republican economic priorities also supported the challenge, underscoring the breadth of concern over the administration’s expansive interpretation of emergency authority.

International reaction was measured but watchful. European Commission spokesperson Olof Gill said officials remain in close contact with U.S. counterparts to clarify next steps and indicated that European leaders would continue pressing for reduced trade barriers.

Economists note that public opinion on tariffs has remained lukewarm, particularly amid broader concerns about inflation and affordability. Retailers have argued that import duties ultimately raise consumer prices, while proponents contend they protect domestic industries and strengthen negotiating leverage.

For small business owners such as Ann Robinson of Scottish Gourmet in North Carolina, the ruling brings immediate relief. She estimated that a 10% baseline tariff on U.K. goods cost her company roughly $30,000 during the fall season alone. Upon hearing of the court’s decision, Robinson said she began planning a celebratory sale, relieved at the prospect of greater cost certainty.

The decision arrives after a series of short-term victories for Trump on the Supreme Court’s emergency docket, where the justices have allowed various executive initiatives to proceed pending litigation. Friday’s ruling, however, signals that even in areas touching foreign affairs and national emergencies, the court remains prepared to enforce constitutional boundaries when it comes to the power of taxation.

How swiftly the administration pivots — and whether Congress steps in to legislate more explicitly on trade authority — will determine the longer-term impact of a decision that reshapes the balance of economic power between the executive branch and Capitol Hill.

Original article