Trump vows new 10-percent global levy after SC defeat
WASHINGTON—The Supreme Court struck down President Donald Trump’s far-reaching global tariffs in a 6-3 decision on Friday, handing him a stinging loss on an issue crucial to his economic agenda.
Furious about the defeat, the president lashed out at the Supreme Court for striking down much of his sweeping tariff infrastructure as an illegal use of emergency power. Trump said he was “absolutely ashamed” of justices who voted to strike down his tariffs and called the ruling “deeply disappointing.”
The president said on social media on Friday night that he signed an executive order enabling him to bypass Congress and impose a 10-percent tax on imports from around the world. The new tariffs would come under a law that restricts them to 150 days.
Trump’s vision of the Supreme Court, in which his three appointees are personally loyal to him, collided with the court’s view of itself on Friday when six justices voted to strike down Trump’s signature economic policy—global tariffs imposed under an emergency powers law.
‘Disappointing’
The outcome led Trump to launch an unusually stark personal attack on the justices, with special rancor reserved for the two Trump appointees who defied him.
The case represented a challenge of Trump’s many untested, yet forcefully stated imperatives on everything from trade to immigration policy and the court’s ability to maintain its independence and, at times, act as a check on presidential authority.
“The Supreme Court’s ruling on tariffs is deeply disappointing and I’m ashamed of certain members of the court, absolutely ashamed, for not having the courage to do what’s right for the country,” Trump said in the White House briefing room several hours after the court issued its decision, authored by Chief Justice John Roberts.
Trump said he expected as much from the three Democratic appointees on the court. “But you can’t knock their loyalty,” he said. “It’s one thing you can do with some of our people.”
Asked specifically about Justices Neil Gorsuch and Amy Coney Barrett, who were part of the majority, Trump said, “I think it’s an embarrassment to their families, if you want to know the truth, the two of them.”
Taxing power with Congress
The 6-3 decision centers on the tariffs Trump unilaterally imposed under an emergency powers law, including the sweeping “reciprocal” tariffs levied on nearly every other country.
It’s the first major piece of Trump’s broad agenda to come squarely before the nation’s highest court, which he helped shape with the appointments of three conservative jurists in his first term.
The majority found that the Constitution “very clearly” gives Congress the power to impose taxes, which include tariffs. “The Framers did not vest any part of the taxing power in the Executive Branch,” Chief Justice John Roberts wrote.
“The tariffs at issue here may or may not be wise policy. But as a matter of text, history and precedent, they are clearly lawful,” Kavanaugh wrote in the dissent.
Next hard work: Refund
We Pay the Tariffs, a coalition of more than 800 small businesses that has been advocating against the tariffs, said a process for refunding the tariffs is imperative.
“A legal victory is meaningless without actual relief for the businesses that paid these tariffs,” Executive Director Dan Anthony said in a statement. “The administration’s only responsible course of action now is to establish a fast, efficient and automatic refund process that returns tariff money to the businesses that paid it.”
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