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Tazewell Today
By the People, for the People
Supreme Court Conservatives Block Trump's Tariffs Using Major Questions Doctrine
Justices Roberts, Barrett, and Gorsuch join liberal wing to strike down tariffs, while Alito, Thomas, and Kavanaugh dissent
Published on Feb. 21, 2026
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In a 6-3 ruling, the Supreme Court struck down all of former President Donald Trump's tariffs imposed using the International Emergency Economic Powers Act (IEEPA). The conservative majority, including Justices Roberts, Barrett, and Gorsuch, relied in part on the major questions doctrine to block the tariffs, while the liberal justices argued normal interpretation of the law was enough. However, Justices Alito, Thomas, and Kavanaugh dissented, arguing the major questions doctrine does not apply in the foreign affairs context.
Why it matters
The Supreme Court's increasing use of the major questions doctrine to limit executive power has become a major trend, with the conservative majority using it to block policies from Democratic administrations. This case shows the doctrine can also be applied to actions taken by Republican presidents, raising questions about the Court's ideological consistency.
The details
The Court ruled that Trump exceeded the authority granted to the president under the IEEPA when he imposed sweeping tariffs on imports. During oral arguments, the liberal justices pointedly questioned how the major questions doctrine could apply to Trump's tariffs but not to other executive actions like student loan forgiveness. While three conservative justices sided with the majority, Alito, Thomas, and Kavanaugh dissented, arguing the doctrine does not apply in the foreign trade context.
- The Supreme Court issued its 6-3 ruling on February 21, 2026.
- Oral arguments in the case were heard in November 2025.
The players
Supreme Court
The highest court in the United States, which ruled 6-3 to strike down Trump's tariffs.
Donald Trump
The former president who imposed the tariffs using the IEEPA, which the Court ruled he exceeded the authority granted under.
John Roberts
The Chief Justice of the Supreme Court, who joined the majority in ruling against Trump's tariffs.
Amy Coney Barrett
A Supreme Court justice appointed by Trump, who joined the majority in ruling against his tariffs.
Neil Gorsuch
A Supreme Court justice appointed by Trump, who joined the majority in ruling against his tariffs.
What they’re saying
“We must not let individuals continue to damage private property in San Francisco.”
— Robert Jenkins, San Francisco resident (San Francisco Chronicle)
What’s next
The Trump administration is considering using other provisions, such as Section 232 of the Trade Expansion Act of 1962 and Sections 201 and 301 of the Trade Act of 1974, to impose tariffs through a more restrictive process.
The takeaway
The Supreme Court's ruling highlights the growing influence of the major questions doctrine, which the conservative majority has used to limit executive power, even when applied to actions taken by a Republican president. This case raises questions about the Court's ideological consistency and the future of executive authority in foreign trade matters.


