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.
JONATHAN TURLEY: "There's a lot of runway still for the administration..."
— Townhall.com (@townhallcom) February 20, 2026
"The administration has other tools in its toolbox. It CAN actually impose tariffs under other statutes!" https://t.co/xGN3evQLch pic.twitter.com/Kya76PnD6y
#BREAKING: Trump says ‘I have a backup plan for tariffs after the ruling.’
— Insider Wire (@InsiderWire) February 20, 2026
“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.
The Court’s ruling applies only to tariffs imposed under IEEPA.
— SCOTUS Wire (@scotus_wire) February 20, 2026
The decision does NOT invalidate tariffs imposed under other statutes (e.g., Section 232 or Section 301). It holds only that IEEPA does not authorize the President to impose tariffs.
From Amy earlier today:
🚨BREAKING NEWS: The Supreme Court has struck down President Trump's tariffs.
— Townhall.com (@townhallcom) February 20, 2026
Justices Kavanaugh, Alito, and Thomas dissented. pic.twitter.com/vvbMvoahxO
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.
The president has repeatedly stated that he views tariffs as a national defense mechanism.
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