Supreme Court strikes down Trump’s tariffs : NPR

The United States Supreme Court

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Andrew Harnik/Getty Images

The United States Supreme Court has declared that President Trump’s tariff policies imposed under the International Emergency Economic Powers Act (IEPPA) are unconstitutional, dealing a major blow to the president’s signature economic policy.

Chief Justice John Roberts wrote the 6-3 opinion. Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh dissented.

Writing for the Court’s majority, Chief Justice John Roberts said Trump lacked peacetime authority to use IEPPA to impose tariffs.

“In light of the scope, history, and constitutional context of this asserted authority, he must identify clear congressional authorization to exercise it,” Robert wrote, concluding that Trump did not do so.

Trump had argued that ongoing trade imbalances and the influx of fentanyl entering the country constituted national emergencies and posed a threat to national security.

During court arguments last year, Trump’s lawyers said the president possessed the authority to impose tariffs. Roberts rejected this argument. “When Congress grants the authority to impose tariffs, it does so clearly and with rigorous constraints,” he wrote. “It did neither here.”

Justice Kavanaugh, who wrote the lead dissent, noted that the court’s decision opened a Pandora’s box.

“The United States could be required to reimburse billions of dollars to importers who paid IEEPA tariffs, even though some importers have already passed the costs on to consumers or others,” he wrote.

As of last December, the government had collected more than $130 billion in revenue from customs duties. Kavanaugh emphasized that “the Court says nothing today about whether, and if so how, the government should return the billions of dollars it collected from importers.”

At issue in this case was the implementation of Trump’s election promise to impose massive tariffs on foreign imports. After his inauguration, Trump issued an executive order that initially imposed tariffs of at least 10% on goods from most countries doing business with the United States. Goods from countries like China were hit with much higher tariffs – up to 145%, although they have since reduced. Imports from allies like Canada and Mexico were taxed at 25%; Canada’s rate was later increased to 35%.

But the hikes and cuts in tariffs around the world have spooked U.S. businesses, prompting a legal challenge claiming the president exceeded his authority in imposing the tariffs.

In about two dozen previous cases, the Supreme Court has been largely receptive to Trump’s assertions of presidential authority, but those victories came on the Supreme Court’s emergency docket, allowing Trump’s policies to take effect on a temporary basis while litigation played out in lower courts.

In contrast, the tariff cases are the real deal, with the court ordering full briefing and expedited arguments in the case, and giving the justices the first real opportunity to say “no” to the president.

On Friday, that’s exactly what the judges did.

This is a developing story and will be updated.