The U.S. Supreme Court ruled 6-3 on Friday that President Trump cannot use the International Economic Emergency Powers Act to impose broad-scale tariffs, prompting immediate responses from the administration and political figures. Trump signed a 15% global tariff under a different law the next day and criticized the court on Monday. The decision has sparked debates over its political implications ahead of the midterms and the State of the Union address.
On Friday, the Supreme Court issued a 6-3 decision striking down President Trump's use of the International Economic Emergency Powers Act (IEEPA) to implement broad tariffs, deeming it a violation of the Constitution and the cited law. The ruling, which targeted Trump's "Liberation Day" tariffs on countries worldwide, was dissented by Justices Brett Kavanaugh, Clarence Thomas, and Samuel Alito, with Kavanaugh authoring the minority opinion.
In response, Trump quickly pivoted. On Saturday, he signed an executive order imposing a 15% global tariff under Section 232 of the Trade Act of 1974. This approach, however, introduces more restrictions: some tariffs last only 150 days before requiring congressional approval, while others demand months of investigations. NPR's Mara Liasson noted that this limits Trump's leverage, particularly ahead of his April meeting with Chinese President Xi Jinping, as he can no longer issue tariffs by proclamation at will.
Trump escalated his criticism on Monday via Truth Social, calling the Supreme Court "incompetent" and using lowercase letters to express disrespect. "The supreme court... accidentally and unwittingly gave me... far more powers and strength than I had prior to their ridiculous, dumb, and very internationally divisive ruling," he wrote. He suggested using licensing requirements on foreign goods as an alternative, stating, "I can use Licenses to do absolutely ‘terrible’ things to foreign countries... why can’t the United States [charge a] fee?" Trump praised the dissenting justices as the "Great Three" and said the court should be "ashamed" otherwise.
Politically, the ruling complicates matters in a midterms year. Republicans initially viewed it positively, avoiding defense of unpopular tariffs that polls link to higher consumer costs. But Trump's new plan requires congressional votes, forcing GOP lawmakers to align with the policy. Six House Republicans recently joined Democrats in opposing tariffs on Canada. Democrats, including Governors JB Pritzker of Illinois and Gavin Newsom of California, demanded the White House repay tariff revenues to states, a request the administration said must go through courts.
House Minority Leader Hakeem Jeffries, on "Fox News Sunday," criticized the tariffs: "The trade deficit has not been meaningfully closed... farmers and small business owners... the American consumer, have been hurt, being forced to pay thousands of dollars more per year... And we also haven't seen a return of manufacturing jobs."
An NPR/PBS News/Marist poll conducted January 27-30 shows broader discontent: 57% say the state of the union is not strong, 60% view the country as worse off than a year ago, and 55% see Trump's direction as "change for the worse." The State of the Union address on Tuesday offers Trump a platform, though Liasson questioned if he would use it to attack the justices present or address affordability issues.