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Supreme Court Voids Trump Emergency Tariffs, Thomas Alone Backs Near-Total Delegation

The majority relied on the major questions doctrine to curb unilateral tariff power.

Overview

  • The Court ruled 6–3 that Trump lacked authority to impose tariffs as a form of taxation without clear congressional approval.
  • Chief Justice John Roberts led the majority in rejecting the claim that tariffs differ from taxes for purposes of unilateral executive action.
  • The decision applied the major questions doctrine, requiring explicit statutory authorization for sweeping economic measures.
  • Justice Clarence Thomas dissented, asserting Congress may delegate virtually all of its powers to the president except in narrow circumstances.
  • Ex-judge Thomas G. Moukawsher highlighted Thomas's stance as a threat to separation of powers and described the case as arising from Trump's reading of “regulate” to include tariff authority and his emergency declarations.