The Rest Is Politics: US
The Rest Is Politics: US

160. TRUMP’S TARIFFS RULED ILLEGAL

February 20, 2026 • 32m

Summary

⏱️ 10 min read

Overview

The Supreme Court delivered a historic 6-3 decision invalidating Trump's Liberation Day tariffs, ruling that the president unconstitutionally used emergency powers to impose taxes without congressional approval. This landmark ruling invalidates approximately $175 billion in tariffs, with refunds potentially available to those who paid them. The decision represents a major constitutional check on executive overreach and signals what hosts Anthony Scaramucci and Katty Kay call the beginning of the end of the Trump era, though they acknowledge the president still has three years remaining in office.

Supreme Court's Historic Tariff Ruling

The Supreme Court ruled 6-3 against Trump's use of emergency powers to impose tariffs, invalidating approximately $175 billion in duties. The decision surprised observers who expected a 7-2 split, with Justice Kavanaugh joining the dissent. Chief Justice Roberts led the majority opinion establishing that tariffs are a form of taxation requiring congressional approval, not unilateral executive action under emergency powers. This represents one of the most significant constitutional rulings limiting presidential authority in recent history.

  • Supreme Court ruled 6-3 to invalidate Trump's Liberation Day tariffs, affecting approximately $175 billion in tariff revenues
  • The court held that tariffs are a form of taxation that must go through Congress, not executive emergency powers
  • Justice Kavanaugh surprisingly joined the dissent, though the ruling was expected to potentially go 7-2
  • The ruling affects about 60% of Trump's tariffs, particularly those imposed on Liberation Day in April 2025
" The age of Trump is ending. I just want to repeat that to everybody. The age of Trump is ending. "
" For those of you living outside of the United States, the rule of law is still existing in the United States. "

Justice Kavanaugh's Controversial Dissent

Justice Kavanaugh's decision to join the dissent surprised observers and drew particular criticism for his reasoning that refunds would be "messy." As a former Reagan-Bush conservative, Kavanaugh's position was seen as prioritizing administrative convenience over constitutional principles. His dissent contrasts sharply with Trump appointees Gorsuch and Barrett, who sided with the majority, leading to speculation that Trump will specifically target Kavanaugh and the other majority justices in future statements.

  • Kavanaugh argued in his dissent that refunds would be 'messy' as justification for his position
  • Kavanaugh is described as a 'weenie' for prioritizing administrative concerns over constitutional principles
  • Trump will likely excoriate Gorsuch and Barrett, his own appointees who ruled against him
  • Trump has already called the ruling 'a disgrace' on Truth Social
" Kavanaugh is a weenie, by the way. And Kavanaugh writes in the dissent category, because I read the dissent in preparation for this, that the refunds would be messy. Dude, it's not about that. "

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