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‘Judicial Activism’ Struck Down Trumps Tariffs, GOP Supporters of Trump’s Tariffs Say After Divided SCOTUS Decision

U.S. President Donald Trump answers questions during a press briefing held at the White House February 20, 2026 in Washington, DC. (Photo by Aaron Schwartz/Getty Images)

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Virginia Grace McKinnon is a journalism fellow at The Daily Signal. Send an email to Virginia Grace.

The Supreme Court sent shockwaves across Capitol Hill on Friday when it struck down one of the methods President Donald Trump has used to implement tariffs.

The decision immediately exposed divisions among Republicans, some criticizing the court for judicial overreach while others praised the ruling as a check on executive overreach.

A 6-3 ruling determined the president could not authorize the tariffs, deemed an emergency, under the 1977 International Emergency Economic Powers Act.

“Today the Supreme Court did not meaningfully address this problem. If anything, it made matters much worse,” said Sen. Mike Lee, R-Utah.

“In essence, the Court today concludes that the President checked the wrong statutory box by relying on IEEPA rather than another statute to impose these tariffs.”Kavanaugh, J., dissenting— Mike Lee (@BasedMikeLee) February 20, 2026

“In essence, the Court today concludes that the President checked the wrong statutory box by relying on IEEPA rather than another statute to impose these tariffs.”Kavanaugh, J., dissenting

“Congress, for its part, carries a lot of blame for enacting obscenely vague laws—IEEPA being one of many examples of this—and then leaving it up to the other two branches to ‘iron out the details,’ which often means the executive and judicial branches then have to decide what the law should be,” continued Lee. 

“That’s not their job; the executive is there to enforce the law and the courts exist to resolve disputes over what the law means,” Lee concluded.  

Sen. Ron Johnson, R-Wis., echoed Lee’s criticism. “But the underlying mess is created by sloppy congressional language in bills that are not adequately thought through,” Johnson said, which is part of the “unprofessional process that I witness daily.”

GOP Calls Thomas ‘A National Treasure’ 

Justices Clarence Thomas, Sam Alito, and Brett Kavanaugh were the three justices who declared Trump’s IEEPA tariffs were protected by the constitution.  

During a press conference Friday afternoon, Trump praised Thomas for his dissent on the ruling.  

? BREAKING: SCOTUS Justice Clarence Thomas dropped straight TRUTH BOMBS in his dissent on the tariffsHe nailed it."NEITHER the statutory text nor the Constitution provide a basis for ruling against the President." ?"Congress authorized the President to “regulate . . .… pic.twitter.com/nhKtBQ669Y— Eric Daugherty (@EricLDaugh) February 20, 2026

? BREAKING: SCOTUS Justice Clarence Thomas dropped straight TRUTH BOMBS in his dissent on the tariffsHe nailed it."NEITHER the statutory text nor the Constitution provide a basis for ruling against the President." ?"Congress authorized the President to “regulate . . .… pic.twitter.com/nhKtBQ669Y

“Neither the statutory text nor the Constitution provide a basis for ruling against the President,” said Thomas.  

“Congress authorized the President to “regulate . . . importation.” Throughout American history, the authority to “regulate importation” has been understood to include the authority to impose duties on imports,” Thomas continued.  

In response to Thomas’ dissent, Rep. Keith Self, R-Texas, called Thomas a “national treasure.” The majority opinion, however, Self views as an act of “judicial activism,” comparing the decision to Alexander Hamilton’s Federalist Paper 78.  

“He argued that judges are bound to the Constitution as the supreme law of the land—laying the foundation for judicial review,” said Self.  

“What we saw today was a blatant disregard for our Constitution and precedent,” Self concluded.  

Some of the GOP is Celebrating  

Other Republicans welcomed the court’s decision.

Rep. Don Bacon, R-Neb., said shortly after the ruling that he feels “vindicated.” 

“The checks and balances our Constitution puts in place works,” said Bacon.  

Rep. Thomas Massie, R-Ky., is also praising SCOTUS’s decision. “SCOTUS made the right decision on tariffs. Justices Gorsuch, Barrett, and Roberts chose the Constitution over politics,” Massie said.

SCOTUS made the right decision on tariffs. Justices Gorsuch, Barrett, and Roberts chose the Constitution over politics.The House voted last week, but only six Republicans sided with the Constitution:Thomas MassieDon BaconKevin KileyJeff HurdDan NewhouseBrian Fitzpatrick— Thomas Massie (@RepThomasMassie) February 20, 2026

SCOTUS made the right decision on tariffs. Justices Gorsuch, Barrett, and Roberts chose the Constitution over politics.The House voted last week, but only six Republicans sided with the Constitution:Thomas MassieDon BaconKevin KileyJeff HurdDan NewhouseBrian Fitzpatrick

Sen. Rand Paul, R-Ky., said the decision was in “defense of the Republic,” adding it will also “prevent a future President such as AOC from using emergency powers to enact socialism.” 

Following the decision, Trump announced a short term 10% global tariff which, under Section 122, will be in place for 150 days.  

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