The Supreme Court decreed in a bombshell 6-3 ruling Friday that Trump’s global tariffs were invalid and that he overstepped his powers by using the International Emergency Economic Powers Act (IEEPA) to impose them. The decision leaves open the question of whether the government will have to issue refunds to many of those it charged, which would be a logistical nightmare.
Although liberals are celebrating, Trump himself and his Treasury Secretary Scott Bessent both said they were undeterred and would use other methods to achieve their goals.
Three conservative justices, Samuel Alito, Clarence Thomas, and Brett Kavanaugh, dissented, and Kavanaugh came out swinging in his opinion:
Kavanaugh, a Trump appointee, said the 6-3 majority cherry-picked ways in which Trump could regulate imports under the International Emergency Economic Powers Act, making what he said was a textualist case that the law already allows similar forms of regulation on imports, including quotas and embargoes. Tariffs are not just in the same category as those but are a "far more modest" alternative to them, Kavanaugh said.
"If quotas and embargoes are a means to regulate importation, how are tariffs not a means to regulate importation? Nothing in the text supports such an illogical distinction," Kavanaugh wrote.
The Federalist’s Sean Davis weighed in:
In his dissent, Kavanaugh mocks the Roberts majority for upholding Biden’s lawless vaccine mandate for government employs while arguing that a law giving the president authority to regulate—and even fully ban (equivalent to an infinite tariff)—all imports somehow doesn’t give him… pic.twitter.com/2by5qHjBRe
— Sean Davis (@seanmdav) February 20, 2026
In his dissent, Kavanaugh mocks the Roberts majority for upholding Biden’s lawless vaccine mandate for government employs while arguing that a law giving the president authority to regulate—and even fully ban (equivalent to an infinite tariff)—all imports somehow doesn’t give him authority to levy non-infinite tariffs.
THE FALLOUT: New: Treasury Secretary Bessent Reacts to Supreme Court Tariff Decision
Breaking: Supreme Court Says No to Tariffs by Emergency Decree
Kavanaugh noted the majority decision created logical inconsistencies:
As the [majority of justices] interpret the statute, the President could, for example, block all imports from China but cannot order even a $1 tariff on goods imported from China.
KAVANAUGH IS PISSED: Brett Kavanaugh just dropped a bombshell dissent - he's not letting the majority handcuff Trump's trade power without a fight!
— Bill Mitchell (@mitchellvii) February 20, 2026
In the SCOTUS 6-3 tariff ruling, Kavanaugh (joined by Thomas and Alito) wrote the lead dissent blasting the majority: "The tariffs… pic.twitter.com/aqc8Iex7tZ
In the SCOTUS 6-3 tariff ruling, Kavanaugh (joined by Thomas and Alito) wrote the lead dissent blasting the majority: "The tariffs at issue here may or may not be wise policy. But as a matter of text, history, and precedent, they are clearly lawful."
The justice also pointed out that the Court just potentially created a mess with their “illogical” decision:
Kavanaugh said of the "serious practical consequences" of outlawing Trump’s ability to use IEEPA to levy tariffs that the refund process could be a "mess" as lower courts are likely to see an influx of lawsuits from business owners looking for their money back.
"The United States may be required to refund billions of dollars to importers who paid the IEEPA tariffs, even though some importers may have already passed on costs to consumers or others," Kavanaugh wrote. "As was acknowledged at oral argument, the refund process is likely to be a ‘mess.’"
Alito and Thomas joined Kavanaugh’s dissent, and Thomas also wrote his own. Given that Trump has already telegraphed his next moves, and indeed ordered a 10 percent global tariff following the ruling (based on a different statute), it’s clear this thing is far from over. Expect the Left to sue the administration over virtually any policy they wish to implement.
As this ruling shows, the president can only expect relief from the John Roberts court some of the time.
Editor’s Note: Thanks to President Trump’s leadership and bold policies, America’s economy is back on track.
Help us continue to report on the president’s economic successes and combat the lies of the Democrats. Join RedState VIP and use promo code FIGHT to get 60% off your membership.
Join the conversation as a VIP Member