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A 6-3 reminder to Donald Trump that trade power flows from the Congress

23 Feb 2026
2 min

Supreme Court Ruling on Trump's Tariffs

The United States Supreme Court has invalidated President Donald Trump’s extensive use of tariffs as a trade policy tool, creating confusion around his second-term agenda. The ruling came as a surprise, given the court's past sympathies with Trump's policies. Two of Trump's appointees voted against the administration, highlighting the court’s role as a check on populist power.

Background and Court's Stance

  • The court has generally refrained from opposing executive actions that reflect a democratic mandate.
  • Trump's tariffs, a central policy, were judged to exceed the authority delegated to the executive by Congress.
  • The court emphasized its ruling was limited, refraining from judging the utility or justification of the tariffs and deferring to Congress on these matters.

Implications for Trump

The decision has significant implications for Trump's use of tariffs as a foreign policy instrument. Despite public criticism of the judges, Trump has moderated his immediate response but may grow more frustrated over time.

  • The administration plans to replace tariffs with alternatives leveraging existing trade policy laws.
  • A 10% baseline tariff has been imposed under a law allowing emergency actions up to 15% for 150 days.

Congressional Dynamics

The White House is not expected to seek explicit congressional authorization for trade policy, despite Republican control, due to uncertain support, especially in the closely-contested Lower House.

Institutional Strength

Recent events underscore the resilience of democratic institutions. The ruling demonstrates that populists cannot entirely bend establishments to their will, as illustrated by similar events globally.

Adapting to Limitations

Although Trump’s tariffs pressured many trading partners into favorable deals, the ruling serves as a reminder of the complexity of the U.S. political landscape and the likelihood of increased limitations on presidential power approaching the midterm elections.

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RELATED TERMS

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Democratic Institutions

The structures, processes, and norms that underpin a democratic system of government, such as the separation of powers, rule of law, free elections, and an independent judiciary. The article highlights their resilience.

Congressional Authorization

Formal approval or permission granted by the legislative branch (Congress) for specific government actions, policies, or expenditures. In trade, it can involve granting the executive branch powers or approving trade agreements.

Trade Policy

A set of regulations, agreements, and actions that a country adopts to manage its international trade in goods and services. This includes policies on tariffs, quotas, subsidies, and trade agreements.

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