CounterPunch Exclusives

CounterPunch Exclusives

Donald Trump’s “Liberation Day” just got squashed. The Supreme Court on February 20 denied, by a 6-3 decision, the Trump administration’s power to impose tariffs under the 1977 International Economic Emergency Powers Act (IEEPA). The ruling invalidates tariffs for around one quarter of all imports to the US—those from about 20 countries plus the EU.

Justice John Roberts, speaking for the majority, rejected the government’s argument that the IEEPA “gives the President power to unilaterally impose unbounded tariffs and change them at will. That view would represent a transformative expansion of the President’s authority over tariff policy.” No President has ever made such a claim, said Roberts. The tariffs “extend beyond the President’s ‘legitimate reach.’”

Trump reacted with characteristic outrage, personally attacking the majority (two of whom he appointed) and essentially accusing the six justices of treason. It seems that his immediate policy response was dictated by vengeance: a 10% across-the-board tariff increase on all countries, which he extended to 15% a day later. But the trade law’s provision under which that policy was made limits the effect to 150 days, after which Congress must decide to extend it. No matter; Trump has plenty of other options under US trade law. Among them are tariffs on certain sectors in the interest of national security, tariffs imposed for unfair trade practices, and tariffs to counter countries that “uniquely discriminate” against the United States.

Trump is clearly determined to show that no Supreme Court decision is going to hamstring him in his determination to........

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