Supreme Court Ruling Splits Conservatives, Triggers Trump’s New Global Tariff Threat
Updated (4 articles)
Supreme Court Strikes Down Trump’s Emergency‑Power Tariffs The Court issued a 6‑3 decision on Feb 22, 2026, holding that the 1977 emergency powers statute does not grant the president authority to impose sweeping import taxes, effectively nullifying the $134 billion tariff regime. Chief Justice John Roberts authored the majority opinion, joined by liberal justices and conservatives Neil Gorsuch and Amy Coney Barrett, while Brett Kavanaugh, Samuel Alito and Clarence Thomas dissented[1][3]. The ruling left the question of reimbursement for duties already paid unresolved, prompting immediate speculation about further executive action[3].
Conservative Bloc Fractures Over Major‑Questions Doctrine The justices spent dozens of pages debating the doctrine that requires clear congressional authorization for major economic powers, with Roberts rejecting any “major questions exception”[1]. Justice Kavanaugh’s dissent argued the doctrine should not apply to foreign‑trade matters, a view Trump later praised as “genius”[1][2]. Gorsuch authored the longest opinion, attacking both liberal and conservative colleagues and accusing Justice Barrett of “glossing” the doctrine[1].
Small Importers Lead Challenge, Highlight Cash‑Flow Harm New York wine importer Victor Schwartz and Illinois toy importer Learning Resources were lead plaintiffs, contending the tariffs crippled cash flow by forcing duties before sales could occur[3][3]. Their lawsuit framed the tariffs as an unconstitutional tax, a position the Court affirmed, though it did not decide whether firms can recover billions already paid[3].
Trump Launches Personal Attack and Announces New Duties Following the decision, President Donald Trump denounced the six justices who voted to strike down the tariffs as “deeply disappointing” and “ashamed,” singling out Gorsuch and Barrett as an “embarrassment to their families”[2][4]. He praised dissenters Thomas, Alito and Kavanaugh for their “strength and wisdom” and pledged a fresh global tariff of 10 %—later raised to 15 %—under a 150‑day authority limit[2][3]. The announcement came as the United States, Canada and Mexico prepare for USMCA negotiations this summer[2].
Sources
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1.
CNN: Supreme Court splits over major‑questions doctrine in Trump tariffs case – Details the 6‑3 ruling, internal conservative debate, Roberts’ majority, Gorsuch’s lengthy opinion, and Kavanaugh’s dissent, highlighting the doctrinal split.
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2.
BBC: Trump attacks Supreme Court after tariffs ruling, pledges new duties – Reports Trump’s harsh criticism of the six justices, his praise for Thomas, Alito and Kavanaugh, and the promise of a 10‑% (later 15 %) global tariff amid USMCA talks.
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3.
Newsweek: Victor Schwartz Leads Supreme Court Victory Over Trump’s Global Tariffs – Focuses on plaintiffs Schwartz and Learning Resources, the constitutional basis of the decision, Roberts’ cross‑aisle majority, and the unresolved reimbursement issue plus Trump’s new tariff threat.
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AP: Trump slams Supreme Court after tariffs decision – Covers the 6‑3 vote, Trump’s personal attacks on justices, Vice President JD Vance’s condemnation, and historical context of presidential rebukes of the Court.
Timeline
1977 – Congress enacts the Emergency Powers Act, the law later invoked to justify presidential sweeping tariff authority, which the Supreme Court ultimately finds does not grant taxing power to the Executive [3]
Feb 20, 2026 – The Supreme Court votes 6‑3 to invalidate President Trump’s global tariffs, delivering a decisive blow to his signature economic policy [4]
Feb 20, 2026 – In a White House briefing, Trump calls the ruling “deeply disappointing,” says the justices should be “ashamed,” and brands Justices Gorsuch and Barrett “an embarrassment to their families” [4]
Feb 20, 2026 – Vice President J.D. Vance posts on X that the decision represents “lawlessness from the Court, plain and simple,” echoing the president’s criticism [4]
Feb 20, 2026 – Analysts note that while presidents from Thomas Jefferson to Barack Obama have publicly rebuked Supreme Court decisions, Trump’s livestreamed attacks on his own appointees are unusually stark [4]
Feb 20, 2026 – Trump announces he will address the nation at Tuesday’s State of the Union, delivering the speech in the same chamber where the justices sit [4]
Feb 21, 2026 – Victor Schwartz, founder of VOS Selections, leads the plaintiff challenge that topples the tariff regime, explaining the duties cripple cash flow for import‑dependent small firms [3]
Feb 21, 2026 – Chief Justice John Roberts authors the majority opinion, joined by conservatives Gorsuch and Barrett and all three liberal justices, holding that the Constitution does not vest taxing power in the President [3]
Feb 21, 2026 – Learning Resources joins the lawsuit, arguing the emergency‑based duties disrupt its supply chain and sharply raise costs [3]
Feb 21, 2026 – Trump praises Justices Thomas, Alito and Kavanaugh for their “strength and wisdom,” thanking Kavanaugh’s dissent that warned of a costly refund of tariff revenue [1]
Feb 21, 2026 – Trump pledges new global tariffs of 10 % (later raised to 15 %) as the United States, Canada and Mexico prepare for USMCA negotiations this summer [1]
Feb 22, 2026 – The Court splits over the major‑questions doctrine; Chief Justice Roberts writes there is “no major questions exception,” rejecting arguments for broader presidential flexibility [2]
Feb 22, 2026 – Conservative justices clash: three dissent, three join the majority, and two write extensive definitional debates, exposing rifts that could shape future cases [2]
Feb 22, 2026 – Justice Gorsuch pens the longest opinion, attacking colleagues and accusing Justice Barrett of “glossing” the doctrine [2]
Feb 22, 2026 – Justice Kavanaugh dissents, arguing the doctrine does not apply to foreign trade; Trump lauds his “genius” while calling Gorsuch and Barrett an embarrassment to their families [2]
Summer 2026 – The United States, Canada and Mexico conduct USMCA renegotiations amid Trump’s threat of new global tariffs [1]
External resources (2 links)
- https://www.supremecourt.gov/opinions/22pdf/22-506_nmip.pdf (cited 1 times)
- https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf (cited 1 times)