U.S. News
Roberts Betrays Trump Tariffs Again
Clear Facts
- Supreme Court ruled 6-3 against Trump tariffs under statute authorizing regulation of importation.
- Chief Justice Roberts wrote majority opinion omitting tariffs from explicit powers list.
- Kavanaugh dissented with Alito and Thomas arguing regulation implies tariff tools.
- Roberts joined by Barrett, Gorsuch and three liberals in majority.
- Pattern echoes Roberts saving Obamacare via novel tax theory.
The Court disregarded congressional intent on trade leverage against unfair partners. Roberts prioritized omission over logical tools like tariffs for regulation.
“Had Congress intended to convey the distinct and extraordinary power to impose tariffs, it would have done so expressly, as it consistently has in other tariff statutes.”
The statute empowers the president to “investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit … importation or exportation.”
Dissenters highlighted quotas, bans and tariffs as obvious mechanisms Congress intended. Roberts invented reasoning mirroring his Obamacare penalty redefinition as tax.
Conservatives question judicial activism undermining America First policies. Strict constructionists demand umpires, not legislators on the bench.
Protect traditional values by vetting true originalists for future vacancies.
Let us know what you think, please share your thoughts in the comments below.
Mark
February 28, 2026 at 10:51 am
As a longtime member of the Supreme Court Bar, I can confidently report that Justice. Roberts adhered to the Constitution and statute. He didn’t “betray” (as explosive-laden a word if there ever was) anything or anyone.
When this case was brought by various American tariff payers, almost all legal experts thought it a slam-dunk because tariffs are clearly a tax on American importers and on the American people (who have paid 90-95% of the cost). Under the Constitution, the power to impose taxes clearly resides in Congress.
The decision is an expected victory for congressional authority and the Constitution’s separation of powers. Here, the only “activist” judges are those who signed the dissent.
D. Elwood
February 28, 2026 at 5:59 pm
Roberts has done a good job following the rule of law. However, President Trump has other avenues to level the import/export playing field,
and will win this battle for America’s manufacturing and workers. The man is a master businessman and economist, and is the right man for the job.
Just my thoughts.