Supreme Court Rules Against Trump on Tariffs But There’s a Backup Plan

The Supreme Court on Feb. 20 ruled 6–3 that some of President Donald Trump’s global tariffs exceeded an emergency powers law passed by Congress.

The ruling invalidates many, but not all, of Trump’s tariffs. He could still seek to reimpose some tariffs using other laws

The ruling was authored by Chief Justice John Roberts, who was joined by three liberal justices and by Justices Neil Gorsuch and Amy Coney Barrett, both of whom are conservatives.

Treasury Secretary Scott Bessent has said that the government could invoke other authorities to implement tariffs, although they are “not as efficient, not as powerful.”

U.S. Trade Representative Jamieson Greer similarly indicated in December that the administration had a backup plan.

Chief Justice John Roberts wrote the majority opinion, stating that Trump’s tariffs didn’t fit with the language of the International Emergency Economic Powers Act.

Trump had invoked that law to impose a series of tariffs, including reciprocal tariffs on dozens of countries and drug-trafficking levies on Mexico, Canada, and China.

The administration argued that the law’s wording allowed tariffs by permitting the president to “regulate … importation.”

Justices Clarence Thomas, Brett Kavanaugh, and Samuel Alito dissented.

With trillions of dollars at stake, the decision could have major implications for the nation’s economy. Trump’s tariffs have targeted a broad range of activities, but the ones in this case focused on combating drug trafficking and correcting trade imbalances with other countries.