Gentle Brief

Armed Conflicts and Attacks

Supreme Court rules against Trump administration's unilateral tariff authority

February 20, 2026

Summary

The U.S. Supreme Court ruled 6-3 that the Constitution grants Congress, not the president, the power to impose tariffs and taxes. Chief Justice John Roberts, joined by Justices Barrett and Gorsuch, sided with the liberal justices against the Trump administration's position.

Key Facts

  • The Supreme Court voted 6-3 that Congress holds constitutional authority over tariffs
  • Three conservative justices joined the three liberal justices in the majority
  • The ruling raises questions about refunds for tariffs already collected

Context

The ruling reaffirms the constitutional separation of powers regarding taxation and trade policy. Chief Justice Roberts wrote that the framers of the Constitution deliberately placed taxing authority with the legislative branch rather than the executive.

Justice Brett Kavanaugh authored a dissent expressing concern about practical consequences, particularly regarding refunds of tariffs already collected. He acknowledged the refund process would likely be complicated, referencing discussions at oral argument about the potential difficulties.

The decision limits presidential authority to impose tariffs without congressional approval, though Kavanaugh suggested it may not significantly restrict future presidential tariff powers in practice.

Sources