Ep. 2372 - LIVE: Supreme Court WRECKS Trump's Tariffs - The Ben Shapiro Show Recap

Podcast: The Ben Shapiro Show

Published: 2026-02-20

Duration: 59 minutes

Guests: Ilya Shapiro

Summary

The Supreme Court struck down Trump's tariffs, stating that the president lacks the unilateral authority to impose them. Justice Roberts emphasized that tariff power is a congressional prerogative.

What Happened

The Supreme Court delivered a decisive 6-3 ruling against the tariffs imposed by the Trump administration, effectively dismantling the sweeping tariff policy. The decision, written by Chief Justice Roberts and supported by a coalition of conservative and liberal justices, underscores that the power to levy tariffs resides with Congress, not the president.

The tariffs, which included a 10% baseline on all trading partners and up to 145% on Chinese goods, were deemed unconstitutional. The administration had cited the International Emergency Economic Powers Act (IEEPA) as justification, but the court found that the IEEPA does not extend to broad-scale tariff authority.

Justice Roberts' opinion highlighted that tariffs are a form of tax, a power explicitly granted to Congress in Article 1 of the Constitution. The ruling leverages the major questions doctrine, which requires Congress to expressly delegate major powers to the executive branch, something not done in this case.

Justice Kavanaugh, dissenting, argued that tariff power should fall under the president's foreign policy prerogatives. However, this view was not shared by the majority, who saw it as a tax issue rather than a foreign policy tool.

Economic implications of the decision are significant, as it could alter the future landscape of U.S. international trade policy. The existing tariffs, particularly those impacting trading partners like China, Canada, and Mexico, have now been invalidated.

Markets are facing uncertainty regarding the potential impact on tariff revenue and trade relationships. The court's decision calls for a more stable and calibrated approach to tariff imposition, potentially requiring congressional action for future tariffs.

Prominent voices like Ilya Shapiro from the Manhattan Institute and economic experts such as Jason Furman and Jason Verman weighed in on the broader implications. The ruling is seen as a reaffirmation of the checks and balances within the U.S. government, limiting the scope of executive power.

Key Insights

• The Supreme Court's 6-3 ruling dismantled Trump's tariffs, affirming that only Congress has the power to levy taxes like tariffs, not the president. This decision challenges the executive overreach seen in the use of the International Emergency Economic Powers Act.
• Chief Justice Roberts argued that tariffs are fundamentally a form of tax, which the Constitution assigns to Congress. This interpretation of Article 1 reinforces the checks and balances designed to limit executive power in economic matters.
• Justice Kavanaugh's dissent suggested that tariff imposition should be part of presidential foreign policy powers, but the majority viewed it strictly as a taxation issue, creating a clear tension between different interpretations of presidential authority.
• Invalidation of tariffs up to 145% on Chinese goods creates economic uncertainty, compelling a reassessment of trade relationships with countries like China, Canada, and Mexico. This ruling demands a more stable, congressional approach to future U.S. trade policies.

Key Questions Answered

What is the Supreme Court ruling on Trump's tariffs?

The Supreme Court ruled 6-3 against Trump's tariffs, stating that the president does not have unilateral authority to impose such measures. The decision emphasized that tariff power is constitutionally vested in Congress.

How does the IEEPA relate to tariff power?

The International Emergency Economic Powers Act (IEEPA) was cited by the Trump administration as a basis for tariff authority. However, the Supreme Court ruled that the IEEPA does not extend to broad-scale tariff imposition, only specific powers for national security.

Who are the key justices in the Supreme Court's decision on tariffs?

The decision was written by Chief Justice Roberts and joined by Justices Sotomayor, Kagan, Gorsuch, Barrett, and Jackson, while Justices Alito, Thomas, and Kavanaugh dissented.