The Supreme Court on Feb. 20 struck down many of President Donald Trump’s tariffs, stating they violated an emergency powers law he invoked last year.
The president previously declared a national emergency under the International Emergency Economic Powers Act, saying the tariffs were needed to stem the flow of illegal drugs and to combat “large and persistent” trade deficits with foreign nations.
The act generally gives the president the power to regulate imports to address emergencies, but debate ensued over what that meant in practice.
Writing for the 6–3 majority, Chief Justice John Roberts rejected Trump’s arguments, saying that the law’s phrasing did not clearly authorize tariffs.
Tariffs enacted under other laws are not affected by the ruling.
Tariffs Not Authorized Under Emergency Law
Roberts said Trump rested his claim of tariff authority on the words “regulate” and “importation” in the International Emergency Economic Powers Act, which gives the president authority to act.
“The President asserts the independent power to impose tariffs on imports from any country, of any product, at any rate, for any amount of time,” Roberts said. “Those words cannot bear such weight.”