Tariff Tag

Trump Tariff Decision

In a fractured 6-3 decision authored by Chief Justice Roberts, the Supreme Court held that the President does not have the power to impose tariffs under the International Emergency Economic Powers Act (IEEPA).  Six Justices agreed that the statute’s text does not authorize the President’s tariffs, but only three (the Chief Justice and Justices Gorsuch and Barrett) would have also concluded that the major questions doctrine would also invalidate the tariffs. IEEPA was enacted in 1977 and provides the President with...