Supreme Court Expected to Strike Down Trump's Tariffs

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The Supreme Court is expected to rule against former President Trump's sweeping tariffs imposed through executive orders, according to former Washington State Attorney General Rob McKenna. The justices heard oral arguments in November on challenges to Trump's authority to impose the tariffs by invoking a decades-old emergency statute, with skepticism evident from the bench about whether the law allows for such broad trade actions. A ruling could come as soon as this week, potentially reshaping the balance of power between Congress and the White House on trade policy.

Why it matters

The Supreme Court's decision on Trump's tariffs could have significant financial consequences, as companies that paid the import duties would likely be entitled to refunds totaling hundreds of billions of dollars. The case also raises broader questions about the limits of presidential authority and the role of Congress in setting trade policy.

The details

At issue is the 1977 International Emergency Economic Powers Act (IEEPA), which Trump invoked to justify tariffs on imports from China, India, Canada, Mexico, and other countries. The administration argued the opioid epidemic and the U.S. trade deficit constituted a national emergency, allowing the president to act unilaterally. However, skepticism from the bench was evident during oral arguments, with a central concern being that the 1977 law does not explicitly authorize tariffs.

• The Supreme Court heard oral arguments in the case in November 2025.
• A ruling on the case could come as soon as this Friday, February 21, 2026.

What they’re saying

What’s next

If the court rules that Trump lacked authority to impose the tariffs, the financial consequences could be significant, as companies that paid the import duties would likely be entitled to refunds.