The Supreme Court delivered a blow to former President Trump’s economic powers on Friday, rejecting his broad authority to impose tariffs. Yet, in a surprising turn, the ruling ignited a new wave of praise from the former president – directed at one of the very justices who disagreed with the majority.
On his Truth Social platform Saturday morning, Trump declared Justice Brett Kavanaugh his “new hero,” alongside Justices Clarence Thomas and Samuel Alito. This came after the 6-3 decision limited the president’s ability to levy tariffs under the International Emergency Economic Powers Act (IEEPA), a law Trump had aggressively utilized.
Kavanaugh didn’t join the majority. Instead, he penned a scathing dissent, branding the court’s logic as “illogical.” He argued the ruling created a bizarre scenario where a president could completely ban imports from a country, but couldn’t impose even a modest tariff.
The core of the dispute centered on Trump’s attempt to bypass Congress and impose sweeping tariffs on nearly every nation. He justified this action by citing national emergencies – an influx of illicit drugs and a damaging trade deficit impacting American manufacturing.
Kavanaugh acknowledged the ruling wouldn’t entirely hamstring future presidential tariff actions, pointing to other existing statutes. However, he warned of immediate and significant consequences, predicting a chaotic refund process for importers.
Billions of dollars in tariffs might need to be returned, Kavanaugh cautioned, potentially creating a “mess” as importers who already passed the costs onto consumers seek reimbursement. The decision also cast a shadow of uncertainty over existing multi-trillion dollar trade agreements with nations like China, the UK, and Japan.
Undeterred by the court’s decision, Trump responded swiftly. Just hours after his praise for Kavanaugh, he announced a further escalation, raising the global tariff from 10% to 15%. This new levy was justified under Section 122 of the Trade Act of 1974, signaling a continued commitment to protectionist trade policies.
Trump publicly lauded Kavanaugh’s “genius and great ability” on Friday, expressing pride in his appointment. The former president’s embrace of a dissenting justice underscores the complex interplay between legal challenges and political strategy in the ongoing debate over presidential power and trade policy.
