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Supreme Court Strikes Down Trump’s Emergency-Powers Tariffs in 6–3 Ruling

The justices said the emergency law does not authorize tariff-making, reinforcing Congress’s control over import taxes.

Overview

  • The Court held that the International Emergency Economic Powers Act does not permit a president to impose tariffs, voiding much of President Trump’s global tariff regime.
  • Invalidated measures include the broad "Liberation Day" reciprocal duties and fentanyl-related tariffs on China, Canada, and Mexico, while tariffs under other laws such as Section 232 remain in force.
  • Chief Justice John Roberts wrote the majority; Justices Barrett and Gorsuch joined with Kagan, Sotomayor, and Jackson, and Justices Thomas, Alito, and Kavanaugh dissented.
  • The ruling does not specify how to handle refunds, and businesses have already begun litigation that could seek repayment of more than $130 billion collected under the struck-down tariffs, according to Customs data.
  • The administration signaled it will pivot to other statutory tools to preserve tariff leverage, though alternatives are narrower, slower, and more vulnerable to legal and political challenges.