TBA Law Blog

TBA Law Blog

Supreme Court Rejects Basis for Most Trump Tariffs

Posted by: Azya Thornton on Feb 20, 2026
News Type: U.S. Supreme Court

In a 6-3 decision today, the U.S. Supreme Court rejected the statutory basis for most of President Donald Trump's tariffs, which were imposed by executive orders. Chief Justice John Roberts and Justices Amy Coney Barrett and Neil Gorsuch joined with Justices Elena Kagan, Kentanji Brown Jackson and Sonya Sotomayor to find that the president exceeded the authority granted under the 1977 International Emergency Economic Powers Act. SCOTUSblog reports that the majority held that the act authorizes presidents to regulate or block imports during foreign-related national emergencies, but does not clearly grant the power to impose tariffs. In dissent, Justices Brett Kavanaugh, Clarence Thomas and Samuel Alito argued that tariffs are a traditional tool for regulating imports and that the statute’s broad language reflects Congress’s intent to grant presidents significant flexibility during emergencies. Kavanaugh also suggested the ruling could trigger substantial refund claims from importers who paid the tariffs. Notably, the court did not address how the federal government should handle potential refunds of the more than $200 billion collected under the tariffs. The Hill also reports on the ruling. The president quickly responded to the ruling, saying he would use other statutory authorities to maintain the tariffs, according to Politico.

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