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Trump tariffs struck down by Supreme Court — agenda in jeopardy?

11 30
23.02.2026

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Opinion Trump tariffs struck down by Supreme Court — agenda in jeopardy?  Opinions - Lindsey's Lens | 4 minutes ago

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Trump tariffs struck down by Supreme Court — agenda in jeopardy? 

This was a big moment — not just for President Trump, but for the balance of power in this country.  

In a 6–3 ruling, the Supreme Court struck down President Trump’s sweeping global tariffs, saying he overstepped his authority under a 1977 emergency law that doesn’t even mention tariffs. Chief Justice John G. Roberts Jr. wrote the majority opinion, joined by Justices Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Amy Coney Barrett and Neil M. Gorsuch — including two conservatives appointed by Trump himself.  

That’s significant.  

For much of his second term, the court has handed the president major wins on immigration, executive power and agency authority. But this time, the justices drew a line.   

They said Congress, not the president, controls trade.  

Trump responded by praising Justices Clarence Thomas, Samuel Alito and Brett M. Kavanaugh, who dissented. But he lashed out at the majority.  

“They’re just being fools and lapdogs for the RINO’s and the radical left Democrats. And not that they should have anything at all to do with it. They’re very unpatriotic and disloyal to our Constitution.”  

You would think a ruling like this might prompt recalibration. Instead, within hours, the president announced a new across-the-board tariff, citing a different statute, Section 122 of the 1974 Trade Act.  

The fact is, as my friend Robby always points out, tariffs are taxes. And while they’re often framed as punishing foreign countries, American importers pay them first. Since last year, more than $200 billion has been collected. Now, at least $100 billion, possibly $133 billion, could have to be refunded. Trade lawyers say that process could take months or even years, involving Customs and Border Protection and the U.S. Court of International Trade. Justice Kavanaugh himself warned the refund effort could be a “mess.”  

Beyond the legal drama, the economic fallout has been real. Markets have been whipsawed by shifting tariff threats. Businesses can’t plan. Allies have been pressured. Trade deals negotiated just months ago are suddenly in question. And there’s a potential trillion-dollar hole in the federal budget because tariff revenue was helping offset Trump’s recent tax cuts.  

And while Trump is doubling down, Democrats see opportunity. They’re already centering affordability in their midterm messaging, and this ruling gives them a fresh argument: that the president’s tariff strategy created chaos, raised costs and, most importantly, bypassed Congress. Even some Republicans, including Sen. Mitch McConnell, called the president’s approach illegal and welcomed the court’s decision.  

This wasn’t just a trade ruling. It was a constitutional one. The Supreme Court showed independence. The president showed defiance. And the rest of us are left watching an economic strategy that keeps shifting under our feet.  

It might be time for the base to tell the president nobody wants this. 

Lindsey Granger is a NewsNation contributor and co-host of The Hill’s commentary show “Rising.” This column is an edited transcription of her on-air commentary.   

Copyright 2026 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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