Trump
illegally overstepped executive power with global tariffs, supreme court rules
Ruling is
blow to Trump’s bold assertions of authority and topples key pillar of
aggressive economic agenda
Callum
Jones in New York
Fri 20
Feb 2026 15.16 GMT
https://www.theguardian.com/us-news/2026/feb/20/trump-supreme-court-tariffs-ruling
Donald
Trump overstepped his authority by imposing most of his steep tariffs on global
imports, the US supreme court ruled on Friday, toppling a key pillar of the
president’s aggressive economic agenda.
In a 6-3
ruling, the court decided that a 1977 law designed to address national
emergencies did not provide the legal justification for most of the Trump
administration’s tariffs on countries across the world.
The
ruling was a significant blow for one of Trump’s boldest assertions of
executive power since his return to the White House.
While the
president has claimed that tariffs would fill US federal coffers, revitalize
the country’s industrial heartlands and make the world economy more “fair” to
the US, economists have repeatedly warned they risk raising prices further for
Americans after years of heightened inflation.
Tariffs
typically need to be approved by Congress, which has sole authority under the
constitution to levy taxes. But Trump argued that he had the right to impose
tariffs on trading partners under the International Emergency Economic Powers
Act, or IEEPA, which in some circumstances grants the president authority to
regulate or prohibit international transactions during a national emergency.
During
oral arguments, the US solicitor general, D John Sauer, said – despite the
president claiming for months that they would raise trillions of dollars for
the US federal government – that tariffs weren’t really about money.
“These
are regulatory tariffs,” Sauer assured the court. “They are not revenue-raising
tariffs. The fact that they raise revenue is only incidental.”
Supreme
court justices expressed skepticism over the administration’s position. “I just
don’t understand this argument,” said the liberal justice Sonia Sotomayor. “You
want to say tariffs are not taxes, but that’s exactly what they are.”
Even some
conservatives on the bench – controlled by a rightwing supermajority crafted by
Trump – sounded doubtful. “The vehicle is the imposition of taxes on Americans,
and that has always been a core power of Congress,” said the chief justice,
John Roberts.
Trump has
repeatedly declared that the court’s decision would have a seismic effect on
the US – the ruling amounted to the “difference between going bankrupt and
thriving”, he suggested a day after oral arguments – and his ability to “make
America great again”.
More
details soon …
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