Today, the Supreme Court ruled 6-3 that President Trump exceeded his authority under the International Emergency Economic Powers Act (IEEPA) by using the statute to impose his “Liberation Day” tariffs and subsequent tariffs on dozens of nations. Writing for the majority, Chief Justice John Roberts concluded that IEEPA does not authorize a president to unilaterally impose tariffs of “unlimited amount, duration and scope,” and that the Trump Administration failed to identify clear congressional authorization allowing the law’s emergency powers to be used to impose tariffs, which the court viewed as a “tax.” Roberts was joined in the decision by conservative Justices Gorsuch and Barrett, as well as liberal Justices Sotomayor, Kagan, and Jackson. Conservative Justices Thomas, Alito, and Kavanaugh dissented.
The ruling does not affect tariffs imposed under separate statutory authorities—including Section 232 tariffs on steel, aluminum, wood products, and copper. The decision does not address whether the federal government must refund tariff revenue already collected under the invalidated IEEPA tariffs.