(Washington Post Editorial) Trump’s tariffs fall to a principled Supreme Court

The Supreme Court’s 6-3 decision on Friday wiping out a chunk of President Donald Trump’s tariff regime is a triumph for the Constitution’s separation of powers and the individual liberty that it protects.

The decision by Chief Justice John G. Roberts Jr. says nothing about whether the tariffs are good or bad policy. But it recognizes that they are a major tax, and that raising revenue is a “distinct” power that belongs to Congress. There’s a reason the 18th century American revolutionary slogan was “no taxation without representation.” Taxing citizens without consent from their elected representatives is antithetical to the American project.

Congress never approved the worldwide tariffs at issue in the case. Trump told the court they were authorized by a 1977 law, the International Emergency Economic Powers Act. No president has used IEEPA to impose tariffs, but it contains the phrase “regulate … importation.” Trump said that was sufficient authorization for him to throw out the rest of the tariff schedules and set import taxes however he pleased.

Roberts saw the flimsiness of that reasoning. “Based on two words separated by 16 others,” he wrote, “the President asserts the independent power to impose tariffs on imports from any country, of any product, at any rate, for any amount of time. Those words cannot bear such weight.” Indeed. The executive branch can’t be allowed to grab hundreds of billions of dollars from the American people on such a thin legal basis.

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The Supreme Court’s decision to invalidate the Trump administration’s broad tariffs strips the president of a central instrument of his foreign policy, undercutting his ability to coerce global leaders and reshape world order in his second term.https://t.co/mktSe8eQIw