The Supreme Court Has Overturned Trump's Tariffs: What He Can Do Now

It's a limited ruling that covers a lot less than the pundits are claiming. And among the things the Court pointedly did not say is that a tariff is a tax, which may only be levied by Congress.

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by Rod D. Martin
February 20, 2026

The Supreme Court erred this morning in its decision against Trump’s tariffs. Its three best justices — Clarence Thomas, Samuel Alito, and Brett Kavanaugh — agree with me. The three Democrat justices make up half of the majority.

Even so, Chief Justice John Roberts — who famously strained to uphold Obamacare as an exercise of the taxing power, and inexcusably ignored the act’s lack of a severability clause — has produced a flawed but quite limited ruling that may not constrain President Trump nearly so much as MSNBC thinks.

At its core is the holding that the International Emergency Economic Powers Act (IEEPA) does not authorize presidential imposition of tariffs. Well, fair enough as to form: the act does not actually use the word “tariffs”. But it does use words like “fees”, a point which came up in oral arguments when the plaintiffs’ attorney was asked if it was his contention…