Sat, Feb 21, 2026

Welp: Supreme Court strikes down Trump's global tariffs, Clarence Thomas dissents

Welp: Supreme Court strikes down Trump's global tariffs, Clarence Thomas dissents

It was fun while it lasted, I guess?

Gorsuch and Barrett joined the liberals on the court to strike down Trump's economic tariffs enacted unilaterally under emergency powers.

Here's CNBC:

The Supreme Court on Friday struck down a huge chunk of President Donald Trump's far-reaching tariff agenda.

The law that undergirds those import duties 'does not authorize the President to impose tariffs,' the majority ruled six to three.

Chief Justice John Roberts delivered the opinion of the court. Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh dissented.

Trump's totally bought and paid for Supreme Court - according to the libs - has once again undermined the Trump agenda.

Worst judicial coup ever.

Here's the ruling in full.

Here's part of our favorite Justice, Clarence Thomas's dissent:

Congress authorized the President to 'regulate . . . importation.' ... Throughout American history, the authority to 'regulate importation' has been understood to include the authority to impose duties on imports. Post, at 9 - 13, 22 - 29 (KAVANAUGH, J., dissenting). The meaning of that phrase was beyond doubt by the time that Congress enacted this statute, shortly after President Nixon's highly publicized duties on imports were upheld based on identical language. Post, at 14 - 22. The statute that the President relied on therefore authorized him to impose the duties on imports at issue in these cases. JUSTICE KAVANAUGH makes clear that the Court errs in concluding otherwise.

As to the separations of power argument, Thomas argues that Congress routinely delegates authority to the executive branch and the judiciary has never stopped them.

Because the Constitution assigns Congress many powers that do not implicate the nondelegation doctrine, Congress may delegate the exercise of many powers to the President. Congress has done so repeatedly since the founding, with this Court's blessing. The power to impose duties on imports can be delegated.

At the founding, that power was regarded as one of many powers over foreign commerce that could be delegated to the President. Power over foreign commerce was not within the core legislative power, and engaging in foreign commerce was regarded as a privilege rather than a right. Early Congresses often delegated to the President power to regulate foreign commerce, including through duties on imports.

This is quite a major blow to the Trump agenda handed down by the 6-3 decision.

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