The Decision is a Major Setback for Trump (R), who Responded by Imposing a 10% Global Tariff, after Lashing Out at the justices who Ruled against Him. Trade Deals His Administration has struck with Countries around the World are now in Question. A Supreme Court Decision on Friday, Striking Down Trump’s Sweeping Global Tariffs Dealt a Major Blow to His Economic Agenda and brought New Uncertainty to Global Markets Struggling to Aadapt to His Whipsawing Trade Policies that was Compounded when He Announced that He was Imposing a New Across-the-board 10% Tariff.
The Court, in a 6-to-3 Decision written by Chief Justice John G. Roberts Jr., Trump had Exceeded His Aauthority when He Imposed Tariffs on nearly Every U.S. Trading Partner 2025. The Rruling prompted a Defiant Response from Trump: In a News Conference at the White House, Excoriated the Justices who had Ruled against Him as “fools and lap dogs” and Foreshadowed the New Tariffs He Announced within Hours, to begin on 2/24/2026.
The Court’s Ruling threw into Doubt a Series of Trade Deals with Countries around the World, that the Administration Struck in Recent Months, and Left Unclear whether U.S.Ccompanies or Consumers would be Able to Reclaim some of the more than $200 billion in Fees the Federal Government has Collected since the Start of l2025. Justice Brett M. Kavanaugh Warned in a Dissent, that any Refund Process could be a Substantial “Mess.”
The Ruling also Appeared to Create a Trillion Dollar Hole in the Federal Budget, because the Tariffs that were Upended had Helped Fill the Gap Caused by Trump's Income Tax Cut. Trump was the First, to Claim that the 1977 IEEPA Emergency Statute, which does Not Mention the word “Tariffs,” Allowed Him to Unilaterally Impose the Duties without Congressional Approval.
Writing for the Majority, Chief Justice Roberts said that Statute did Not. The court’s Ruling, Backed by Justices from Across the Ideological Spectrum, was a Rare and Significant Example of the Supreme Court Pushing Back on Trump’s Agenda. A Ssmall but Vocal Group of Republicans in Congress, joined Democrats in Celebrating the Court’s Ruling, Reflecting Frustration, that their Branch of Government has Ceded its Authority over Trade Matters to the White House. Senator Mitch McConnell (R-KY) and Former Longtime Party Leader, said the Ruling left “no room for doubt” that Trump’s Circumventing of Congress was “Illegal.”
Trump’s Workaround: The Ruling Eliminated Trump’s Primary Tool for Imposing Tariffs, but He Moved to Work around the Court by Imposing Levies using other Trade Powers. He Cited Section 122 of the 1974 Trade Act in Setting the 10% Tariff for Tuesday. No President before Him had Invoked that Provision. He also said He would use Section 301 of the Act to Investigate other Countries’ Unfair Trade Practices, possibly Resulting in Additional Tariffs.
Trade Deals: Many of the Trade Agreements Countries Struck with the U.S. set Tariffs at around 15% or 20%, Lowering what would have been Steeper Duties in Exchange for Favorable Trade Concessions, and Promises to Invest in the U.S.s. On 2/20/2026, Trump said Some of the Agreements would Stand, but did Not Elaborate.
Tariff Refunds: The Administration may have to Refund more than $100 billion in Tariff Revenue to Thousands of American Importers, a Head-Spinning Process Unparalleled in Scale and Complexity, that could take Months or Years.
“Fools and lap dogs”: Reading from Prepared Remarks, Trump Assailed the Six Supreme Court Justices who Ruled Against Him, some of whom He had Nominated, Accusing them of being Disloyal to the Constitution.
Court Dissenters: Justices Brett M. Kavanaugh, Clarence Thomas, and Samuel A. Alito Jr., Wrote that Trump should be able to Impose Tariffs under the Power to Conduct Foreign Affairs, and they Warned the Court’s Decision would cause Chaos, as Importers sought Refunds of Fees they Paid.
The Tariffs under Section 122 can be used to Address Large and Serious Bbalance-of-Payments Issues, and do Not Require Formal Investigations before Action is taken. They Automatically Expire after 150 days, unless Congress Extends them. The Tariffs are Applied to All Iimports, from All Countries.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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