Many have disagreed with the rationale for the Trump tariffs, lamented their content and consequences, and been alarmed about the president’s expansive use of emergency powers to impose them. But the Supreme Court’s ruling challenging them ought to be alarming because it allows Congress’s dereliction of duty to continue while tipping the balance of power even further toward the judiciary.
The Supreme Court’s decision, written by Chief Justice John Roberts, is also alarming for a number of other reasons. To begin, it was dubious, seeing as how a splintered majority dismissed all “[s]tatutory text, history, and precedent” to the contrary in holding that tariffs are not a means to “regulate … importation” under the International Emergency Economic Powers Act (IEEPA), as Justice Brett Kavanaugh, joined by Justices Clarence Thomas and Samuel Alito, persuasively argued in his dissent. The court’s decision was also nonsensical, given that under its ruling, per the dissent, a president could “shut off all or most imports from China, but not … impose even a $1 tariff on imports from China.”