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Tipsheet

Law Professor's Take on the SCOTUS Decision on Tariffs Will Likely Not Please the Libs

Law Professor's Take on the SCOTUS Decision on Tariffs Will Likely Not Please the Libs
AP Photo/Nathan Howard

Earlier today, Amy shared that the Supreme Court ruled against the Trump administration's tariffs. Yet, have no fear; George Washington University Law School professor and legal scholar Jonathan Turley said this isn’t over. The administration can still impose tariffs through other statutes. 

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“The administration has other tools in its toolbox. It can actually impose tariffs under other statutes,” he said. Turley also said there’s plenty of runway for the Trump White House in this area of economic policy.  

It’s still a gut punch, but this fight isn’t over.

From Amy earlier today: 

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In a 6-3 decision, the Court stated that the president cannot impose tariffs under the International Emergency Economic Powers Act. Chief Justice John Roberts and Justices Neil Gorsuch and Amy Coney Barrett aligned with the liberal justices, while Clarence Thomas, Samuel Alito, and Brett Kavanaugh dissented: 

The decision affirms critics’ arguments that tariffs function as taxes and that the Constitution vests the power to levy taxes in Congress, not the president. The ruling could significantly reshape trade policy by forcing future administrations to seek legislative approval before imposing sweeping tariffs under emergency powers. 

Those critics said tariffs are a tax and that the power to levy taxes is a Congressional power, and that the Trump tariffs were an end-run around Congress. Some Republicans, including Reps. Kevin Kiley of California and Thomas Massie of Kentucky vowed to tank a procedural vote on a rule proposed by Speaker of the House Mike Johnson that would ban Congressional challenges to tariffs. On February 12, six Republicans joined Democrats to pass a resolution condemning President Trump's tariffs against Canada. “Any Republican, in the House or the Senate, that votes against TARIFFS will seriously suffer the consequences come Election time, and that includes Primaries!” President Trump said on Truth Social around the time of the House vote. 

The Trump administration argued that the IEEPA emergency powers are intentionally broad so the president can respond quickly to national emergencies, and that restricting his power would weaken leverage in negotiations and national-security disputes. That was the worry expressed by Treasury Secretary Scott Bessent, according to Reuters. 

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The president has repeatedly stated that he views tariffs as a national defense mechanism. 

 LEARNING RESOURCES, INC., ET AL. v. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL.  by  Matt Vespa 

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