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President Donald Trump speaks during a press briefing at the White House in Washington on Friday. Image: AP/Evan Vucci
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Trump furious after Supreme Court strikes down sweeping tariffs, upending his economic agenda

16 Comments
By LINDSAY WHITEHURST

The Supreme Court struck down President Donald Trump's far-reaching global tariffs on Friday, handing him a stinging loss on an issue crucial to his economic agenda.

Furious about the defeat, Trump said he will impose a global 10% tariff as an alternative while pressing his trade policies by other means. The new tariffs would come under a law that restricts them to 150 days.

He made that announcement after lashing 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.”

“Their decision is incorrect,” he said. “But it doesn’t matter because we have very powerful alternatives.”

The court's 6-3 decision centers on tariffs imposed under an emergency powers law, including the sweeping “reciprocal” tariffs he levied on nearly every other country.

His loss before the conservative-majority high court came despite a series of short-term Trump wins that have allowed him to move ahead with key aspects of his broad agency.

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 it's unconstitutional for the president to unilaterally set and change tariffs because taxation power clearly belongs to Congress. “The Framers did not vest any part of the taxing power in the Executive Branch,” Chief Justice John Roberts wrote.

Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh dissented.

“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.

Trump called the majority decision “a disgrace” when he was notified during his morning meeting with several governors, according to someone with direct knowledge of the president’s reaction who spoke on the condition of anonymity to discuss the private conversation.

Trump was meeting privately with nearly two dozen governors from both parties when the decision was released.

The court majority did not address whether companies could get refunded for the billions they have collectively paid in tariffs. Many companies, including the big-box warehouse chain Costco, have already lined up in lower courts to demand refunds. Kavanaugh noted the process could be complicated.

“The Court says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers. But that process is likely to be a ‘mess,’ as was acknowledged at oral argument,” he wrote.

The Treasury had collected more than $133 billion from the import taxes the president has imposed under the emergency powers law as of December, federal data shows. The impact over the next decade was estimated at some $3 trillion.

The tariffs decision doesn’t stop Trump from imposing duties under other laws. While those have more limitations on the speed and severity of Trump’s actions, top administration officials have said they expect to keep the tariff framework in place under other authorities.

Still, the decision is a “complete and total victory" for the challengers, said Neal Katyal, who argued the case on behalf of a group of small businesses.

“It’s a reaffirmation of our deepest constitutional values and the idea that Congress, not any one man, controls the power to tax the American people,” he said.

It wasn’t immediately clear how the decision restricting Trump’s power to unilaterally set and change tariffs might affect trade deals with other countries.

“We remain in close contact with the U.S. Administration as we seek clarity on the steps they intend to take in response to this ruling,” European Commission spokesman Olof Gill said, adding that the body would keep pushing for lower tariffs.

The Supreme Court ruling comes despite a series of short-term wins on the court’s emergency docket that have allowed Trump to push ahead with extraordinary flexes of executive power on issues ranging from high-profile firings to major federal funding cuts.

The Republican president has been vocal about the case, calling it one of the most important in U.S. history and saying a ruling against him would be an economic body blow to the country. But legal opposition crossed the political spectrum, including libertarian and pro-business groups that are typically aligned with the GOP. Polling has found tariffs aren't broadly popular with the public, amid wider voter concern about affordability.

While the Constitution gives Congress the power to levy tariffs, the Trump administration argued that a 1977 law allowing the president to regulate importation during emergencies also allows him to set import duties. Other presidents have used the law dozens of times, often to impose sanctions, but Trump was the first president to invoke it for import taxes.

“And the fact that no President has ever found such power in IEEPA is strong evidence that it does not exist,” Roberts wrote, using an acronym for the International Emergency Economic Powers Act.

Trump set what he called "reciprocal" tariffs on most countries in April 2025 to address trade deficits that he declared a national emergency. Those came after he imposed duties on Canada, China and Mexico, ostensibly to address a drug trafficking emergency.

A series of lawsuits followed, including a case from a dozen largely Democratic-leaning states and others from small businesses selling everything from plumbing supplies to educational toys to women’s cycling apparel.

The challengers argued the emergency powers law doesn’t even mention tariffs and Trump's use of it fails several legal tests, including one that doomed then-President Joe Biden's $500 billion student loan forgiveness program.

The three conservative justices in the majority pointed to that principle, which is called the major questions doctrine. It holds that Congress must clearly authorize actions of major economic and political significance.

“There is no exception to the major questions doctrine for emergency statutes,” Roberts wrote. The three liberal justices formed the rest of the majority, but didn't join that part of the opinion.

The Trump administration had argued that tariffs are different because they’re a major part of Trump’s approach to foreign affairs, an area where the courts should not be second-guessing the president.

But Roberts, joined by Justices Neil Gorsuch and Amy Coney Barrett, brushed that aside, writing that the foreign affairs implications don't change the legal principle.

Small businesses celebrated the ruling, with the National Retail Federation saying it provides “much needed certainty.”

Ann Robinson, who owns Scottish Gourmet in Greensboro, North Carolina, said she was “doing a happy dance” when she heard the news.

The 10% baseline tariff on U.K. goods put pressure on Robinson’s business, costing about $30,000 in the fall season. She’s unsure about the Trump administration’s next steps, but said she’s overjoyed for now. “Time to schedule my ‘Say Goodbye to Tariffs' Sale!”

Associated Press writers Mae Anderson and Steve Peoples in New York, Mark Sherman in Washington and David McHugh in Frankfurt contributed to this report.

© Copyright 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

©2026 GPlusMedia Inc.


16 Comments
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What a child.

4 ( +16 / -12 )

Now that the Supreme Court of the United States of America (SCOTUS) has struck down the mindless tariffs (import duties) idiocy, perhaps it will send a message to the convicted felon and former Insurrectionist-in-Chief that it will be a new beginning for the USA of the rule of law and U. S Constitution is to be followed.

4 ( +16 / -12 )

lashing out at the Supreme Court for striking down much of his sweeping tariff infrastructure as an illegal use of emergency power.

Donald, it's time to learn how the government works.

6 ( +16 / -10 )

Thank God three conservative judges still know the constitution is more important that caving into the desires of a dictator.

5 ( +16 / -11 )

This is very far from over. In fact, it laid out the road map for Trump to continue to impose the various tariffs AND MORE!

The key is in the dissent:

"KAVANAUGH, J., dissenting

In my view, as I will explain, the major questions canon does not control here for two alternative and independent reasons.

First, the statutory text, history, and precedent constitute “clear congressional authorization” for the President to impose tariffs under IEEPA. In particular, throughout American history, Presidents have commonly imposed tariffs as a means to “regulate . . . importation.” So tariffs were not an “unheralded” power when Congress enacted IEEPA in 1977 and authorized the President to “regulate . . . importation” of foreign goods. Therefore, the major questions doctrine is satisfied here. Cf. Biden v. Missouri, 595 U. S. 87 (2022) (per curiam).

Second, in any event, the Court has never before applied the major questions doctrine in the foreign affairs context, including foreign trade. Rather, as Justice Robert Jackson summarized and remains true, this Court has always recognized the “unwisdom of requiring Congress in this field of governmental power to lay down narrowly definite standards by which the President is to be governed.” Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 636, n. 2 (1952) (concurring opinion) (quoting United States v. Curtiss-Wright Export Corp., 299 U. S. 304, 321–322 (1936)). In foreign affairs cases, courts read the statute as written and do not employ the major questions doctrine as a thumb on the scale against the President.

Although I firmly disagree with the Court’s holding today, the decision might not substantially constrain a President’s ability to order tariffs going forward. That is because numerous other federal statutes authorize the President to impose tariffs and might justify most (if not all) of the tariffs at issue in this case—albeit perhaps with a few additional procedural steps that IEEPA, as an emergency statute, does not require. Those statutes include, for example, the Trade Expansion Act of 1962 (Section 232); the Trade Act of 1974 (Sections 122, 201, and 301); and the Tariff Act of 1930 (Section 338). In essence, the Court today concludes that the President checked the wrong statutory box by relying on IEEPA rather than another statute to impose these tariffs.

In the meantime, however, the interim effects of the Court’s decision could be substantial. The United States may be required to refund billions of dollars to importers who paid the IEEPA tariffs, even though some importers may have already passed on costs to consumers or others. As was acknowledged at oral argument, the refund process is likely to be a “mess.” Tr. of Oral Arg. 153–155. In addition, according to the Government, the IEEPA tariffs have helped facilitate trade deals worth trillions of dollars—including with foreign nations from China to the United Kingdom to Japan, and more. The Court’s decision could generate uncertainty regarding those trade arrangements.

In any event, the only issue before the Court today is one of law. In light of the statutory text, longstanding historical practice, and relevant Supreme Court precedents, I would conclude that IEEPA authorizes the President to “regulate . . . importation” by imposing tariffs on foreign imports during declared national emergencies. I therefore respectfully dissent."

5 ( +19 / -14 )

Poor Trump…He always screws up the execution of a plan. The guy surrounds himself with morons and gets moron results.

Even when he goes old school socialist with something like tariffs he manages to foul it up.

This is what happens when you draw your talent pool from the Epstein guest list.

5 ( +16 / -11 )

What a whining little piece of you-know-what. Symbolizes the MAGA perfectly.

6 ( +14 / -8 )

I'm not entirely opposed to tariffs but the absolute stuff flinging of this administration needed to stop.

6 ( +14 / -8 )

Let's hope that the Supreme Court moves a little bit faster when Trump decides he wants ICE to count the votes in November.

5 ( +12 / -7 )

I would think there will be quite a lot of corporate lawyers very excited about this news

Trump is going to need a lot more lawyers.

And the taxpayers will be footing that bill too, so Trump won’t care.

Expensive days ahead.

5 ( +11 / -6 )

Something something 4D chess, something something art of the deal.

4 ( +11 / -7 )

The toddler... the oyaji on the presidential chair doesn't understand that president is not king.

5 ( +14 / -9 )

Haha! And Akazawa agreed to 25% instead of being a man and gutting it out.

-3 ( +2 / -5 )

So, will Takaichi still be 'investing' $500bn of Japanese taxpayer's cash in the US?

-4 ( +0 / -4 )

I would think there will be quite a lot of corporate lawyers very excited about this news 

They shouldn't get too excited. Because he can still and will issue more tariffs.

Trump is going to need a lot more lawyers. 

Always has

And the taxpayers will be footing that bill too, so Trump won’t care.

He’s a public servent not a private one huge difference.

Expensive days ahead.

True, but definitely not the end.

-6 ( +2 / -8 )

The tariffs will stay. Too bad so sad. Well at least ya'll had a nice 5 minutes this morning.

0 ( +1 / -1 )

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