Supreme Court curbs Trump’s tariff power, prompting legal and policy questions

The Supreme Court’s 6-3 decision overturned most of the tariffs the president imposed under IEEPA, with Chief Justice John Roberts writing that the phrase “regulate importation” in the statute “cannot bear the weight” of giving a president the power to tax independently of Congress.

Mr. Trump reacted with visible frustration, singling out two conservative justices he appointed, saying, “I think it’s an embarrassment to their families, if you want to know the truth,” and adding that they were “barely invited” to the State of the Union and that he “couldn’t care less if they come.” The administration immediately announced 10 percent global tariffs under Section 122 of the Trade Act of 1974, a measure that carries a strict 150-day limit after which Congress must grant permission to extend them.

IEEPA brought in more than $133 billion in 2025 alone, while Section 122 is expected to generate roughly $33 billion over its five-month window, the Tax Foundation says.

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