Supreme Court limits Trump’s power to issue tariffs

WASHINGTON, D.C. — (BrooklandNews.com) — Feb. 20, 2026 — The Supreme Court ruled Friday that the president does not have the power to impose tariffs under the International Emergency Economic Powers Act (IEEPA), limiting the executive branch’s authority over trade policy.

In a decision written by Chief Justice John Roberts, the court said Congress did not give presidents unilateral authority to tax imports through the law, which allows the president to regulate foreign economic transactions during national emergencies.

“The President asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope,” Roberts wrote. He said such power requires clear approval from Congress and does not exist in the statute.

The case combined two lawsuits challenging tariffs imposed by President Donald Trump on imports from Canada, Mexico, China and other trading partners. The tariffs reached rates up to 145 percent on some Chinese goods and were justified by the administration as a response to drug trafficking and trade deficits.

Roberts was joined in key parts of the ruling by Justices Neil Gorsuch, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. The majority said the Constitution gives Congress authority over tariffs and taxes.

Kagan wrote a concurring opinion, joined by Sotomayor and Jackson, saying the law’s language allowing the president to “regulate” imports does not include the power to impose taxes. Jackson also cited congressional records showing lawmakers intended the law to cover foreign property transactions, not tariffs.

Justice Brett Kavanaugh dissented, joined by Justices Clarence Thomas and Samuel Alito. He argued tariffs are a traditional way to regulate imports and warned the ruling could affect trade agreements and require refunds of tariff revenue. Thomas filed a separate dissent arguing tariffs are not core legislative powers and may be delegated.

The ruling limits the president’s ability to impose tariffs during emergencies without Congress. Other trade laws still allow some tariffs, but the decision reinforces congressional control over trade and tax policy.

Legal analysts said the ruling will influence future trade negotiations and debates over presidential emergency powers.