The US Supreme Court has ruled Donald Trump’s sweeping global tariffs illegal – a stunning rebuke of the president’s signature economic policy that upended international trade.
The conservative-majority high court ruled six-three in the judgment, saying that a 1977 law known as the International Emergency Economic Powers Act (IEEPA) that Trump has relied on “does not authorise the President to impose tariffs”.
The ruling does not impact sector-specific duties Trump separately imposed on imports of steel, aluminum and various other goods.
Several government probes which could lead to more sectoral tariffs remain in the works.
Still, this marks Trump’s biggest defeat at the Supreme Court since returning to the White House last year.
This picture taken in April last year shows Trump holding a chart as he delivers remarks on reciprocal tariffs during an event in the Rose Garden entitled ‘Make America Wealthy Again; at the White House. – AFP
While Trump has long relied on tariffs as a lever for diplomatic pressure and negotiations, he made unprecedented use of emergency economic powers in his second term to slap new duties on virtually all US trading partners.
These included “reciprocal” tariffs over trade practices that Washington deemed unfair, alongside separate sets of duties targeting major partners Mexico, Canada and China over illicit drug flows and immigration.
The court noted yesterday that “had Congress intended to convey the distinct and extraordinary power to impose tariffs” with the IEEPA, “it would have done so expressly, as it consistently has in other tariff statutes”.
The Supreme Court’s three liberal justices joined three conservatives in yesterday’s ruling, which upheld lower court decisions that tariffs Trump imposed under the IEEPA were illegal.
Conservative Justices Brett Kavanaugh, Clarence Thomas and Samuel Alito dissented.
Chief Justice John Roberts, in delivering his opinion, said the “IEEPA contains no reference to tariffs or duties”.
“Our task today is to decide only whether the power to ‘regulate … importation’ as granted to the president in the IEEPA, embraces the power to impose tariffs. It does not,” Roberts wrote in the ruling, quoting the statute’s text that Trump claimed had justified his sweeping tariffs.
The top judge, citing a prior Supreme Court ruling, wrote that “the president must ‘point to clear congressional authorisation’ to justify his extraordinary assertion of the power to impose tariffs,” adding: “He cannot.”
The Supreme Court reached its conclusion in a legal challenge by businesses affected by the tariffs and 12 US states, most of them Democratic-governed, against Trump’s unprecedented use of this law to unilaterally impose the import taxes.
A lower trade court ruled in May that Trump overstepped his authority with across-the-board levies and blocked most of them, but that outcome was put on hold as the government appealed.
The US Constitution grants Congress, not the president, the authority to issue taxes and tariffs.
The IEEPA lets a president regulate commerce in a national emergency.
Trump became the first president to use the IEEPA to impose tariffs, one of the many ways he has aggressively pushed the boundaries of executive authority since he returned to office in areas as varied as his crackdown on immigration, the firing of federal agency officials, domestic military deployments and military operations overseas.
With the White House already bracing for a negative outcome, KPMG chief economist Diane Swonk warned that “tariffs ruled illegal can be rapidly reinstated via other levers”.
“Financial markets rallied on the news, but that is premature,” she added.
Nonetheless, business groups cheered the ruling, with the National Retail Federation saying that this “provides much-needed certainty” for American firms and manufacturers.
“We urge the lower court to ensure a seamless process to refund the tariffs to US importers,” the federation said.
However, the justices did not address the degree to which importers can receive refunds. This will likely be litigated.
Kavanaugh warned that this process – as acknowledged during oral arguments – could be a “mess”.
EY-Parthenon chief economist Gregory Daco told AFP that the loss of IEEPA tariff revenues for the US government could amount to around $140bn.
Delighted Democratic leaders pounced on the ruling, with Senate Minority Leader Chuck Schumer lauding the outcome as a “win for the wallets” of US consumers.
However, top Democrat on the Senate Banking Committee Elizabeth Warren cautioned there remains “no legal mechanism for consumers and many small businesses to recoup the money they have already paid”.
The Budget Lab at Yale University estimates consumers face an average effective tariff rate of 9.1% with yesterday’s decision, down from 16.9%.
However, it said this “remains the highest since 1946”, excluding 2025.
Striking down the emergency tariffs “would constrain the president’s ambitions to impose across-the-board tariffs on a whim”, said Erica York of tax policy nonprofit the Tax Foundation.
However, it leaves him other statutes to use for tariffs, even if they tend to be more limited in scope – or require specific processes such as investigations – York told AFP.
“The ruling dismantles the legal scaffolding, not the building itself,” said ING analysts Carsten Brzeski and Julian Geib of Trump’s trade restrictions.
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