The US Supreme Court’s ruling won’t stop Donald Trump’s tariffs
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The justices have closed one door of trade policy while leaving an entire corridor wide open
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Supreme court
Highest court in a jurisdiction
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nat...
Donald Trump
President of the United States (2017–2021; since 2025)
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party, he served as the 45th president from 2017 to 2021. Born into a wealthy New York City family, Trump graduated from the...
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The US Supreme Court’s ruling won’t stop Donald Trump’s tariffs on x (opens in a new window) The US Supreme Court’s ruling won’t stop Donald Trump’s tariffs on facebook (opens in a new window) The US Supreme Court’s ruling won’t stop Donald Trump’s tariffs on linkedin (opens in a new window) The US Supreme Court’s ruling won’t stop Donald Trump’s tariffs on whatsapp (opens in a new window) Save The US Supreme Court’s ruling won’t stop Donald Trump’s tariffs on x (opens in a new window) The US Supreme Court’s ruling won’t stop Donald Trump’s tariffs on facebook (opens in a new window) The US Supreme Court’s ruling won’t stop Donald Trump’s tariffs on linkedin (opens in a new window) The US Supreme Court’s ruling won’t stop Donald Trump’s tariffs on whatsapp (opens in a new window) Save Peter Navarro Published February 23 2026 Jump to comments section Print this page Unlock the White House Watch newsletter for free Your guide to what Trump’s second term means for Washington, business and the world The writer is the senior White House counsellor for trade and manufacturing Every so often, what looks like a defeat proves to be a strategic win. The Supreme Court’s ruling on US President Donald Trump’s tariffs is one of those moments. On its face, the ruling looks like a knockout punch. In a 6-3 decision, the court held that the International Emergency Economic Powers Act’s authorisation to “regulate importation” does not include the power to impose tariffs. Because tariffs raise revenue, the majority concluded, they are in effect taxes — and taxes require explicit congressional approval. But look carefully at what the court actually did. It ruled that the IEEPA does not authorise tariffs. That’s all. The court did not declare tariffs unconstitutional. It did not strike down section 232 of the Trade Expansion Act . It did not invalidate section 301 of the Trade Act . It did not question the use of sections 122 , 201 or 338 . It did not revive the “nondelegation” doctrine ...
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