Supreme Court Issues 6‑3 Ruling Nullifying Trump Tariffs The high court released its decision on Feb. 20, 2026, voting 6‑3 to strike down the emergency tariff program that imposed roughly $175 billion in import taxes on nearly every foreign‑origin product [1][2]. The majority held that the International Emergency Economic Powers Act does not grant the president authority to levy tariffs, reaffirming Congress’s exclusive taxing power as articulated by Chief Justice John Roberts [3][4]. Justices Neil Gorsuch and Amy Coney Barrett joined the liberal justices in the majority, marking the first major merit loss for Trump since his return to office [2].

Trump Condemns Court and Announces 10% Global Tariff Hours after the opinion, President Donald Trump held a press briefing, calling the justices “a disgrace to the nation” and labeling the ruling “deeply disappointing” [3][4][1]. He announced an immediate executive order to add a 10% tariff on top of existing duties, asserting the move relies on national‑security investigations and bypasses the 150‑day statutory cap [1][3]. The order is slated to be signed later that day, despite the Court’s finding that the administration lacks statutory authority [4].

Public Opinion and Party Leaders Push Back on Tariff Strategy Recent AP‑NORC and Marquette Law School polls show 60‑76% of Americans oppose the tariffs and believe they raise consumer‑goods costs [1][3][4]. Senate Republican leader Mitch McConnell publicly called Trump’s plan to sidestep Congress “illegal,” while former Vice President Mike Pence praised the Court’s decision [1]. Analysts warn the tariff controversy could become a decisive issue in the November midterm elections, influencing both House and Senate races [1][2].

Refunds and Litigation Emerge as Immediate Legal Issues The Court provided no guidance on returning the $134 billion already collected, prompting companies such as Costco to file lawsuits seeking refunds [2]. Justice Brett Kavanaugh’s dissent warned that billions may need to be returned to importers, intensifying the litigation landscape [2]. Law firms anticipate a wave of claims from small businesses and states that challenged the tariffs as illegal emergency powers [3][4].

Judicial Split Highlights Unusual Bipartisan Opposition The decision saw an unusual coalition of conservative and liberal justices, with Gorsuch and Barrett breaking with the president’s expectations [2]. Their votes underscored concerns that the administration exceeded statutory limits, reinforcing the Court’s role in checking executive trade actions [2].