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Supreme Court Divides 6-3 On Whether Trump’s Tariffs Are Hot or Just Lukewarm Policy

KEY POINTS

  • On Friday, the Supreme Court ruled 6-3 to strike down most of Trump's tariffs under a 1970s emergency import regulation law.
  • Justices Kavanaugh, Thomas, and Alito dissented, arguing that presidential tariff powers are legal and rooted in historical practice.
  • The dissents highlighted that the majority gave no solution for returning billions already paid, calling the reversal process 'likely a mess.'

On a legally spicy Friday, Supreme Court's cool 6-3 majority dismissed most of Trump’s tariff fiesta under a 1970 law about emergencies, setting off courtroom fireworks. Justices Brett Kavanaugh, Clarence Thomas, and Samuel Alito, the conservative tripod on this three-legged race, dissented vigorously, defending Trump's tariffs like they were presidential Popsicles stuck in a legal freezer. Kavanaugh claimed tariffs are ‘clearly lawful’ despite being ‘maybe unwise,’ likening tariff power to turning off China-import faucets but puzzling why a $1 tariff triggers legal alarms while shutting imports outright doesn’t. They also fretted that returning the billions collected is ‘likely a mess’—emphasis on mess, like cleaning glitter out of a wedding dress. Thomas doubled down on ‘historical practice’ allowing Congress to displace tariff powers to the prez, because apparently, constitutionality hugs tradition like a cozy constitutional blanket. The tariffs linger in dispute city, with IEEPA invoked, oral admissions of chaos, and future paperwork nightmares making regulatory cleaning crews say ‘no thank you.’

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Source: Businessinsider | Published: 2/20/2026 | Author: Natalie Musumeci,Laura Italiano