# Trump Tariffs Struck Down

**URL:** <https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [May 29, 2025, 12:26am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927 "2025-05-29T00:26:43Z")\
**Posts on this page:** 20\
**Page:** 7

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**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [February 20, 2026, 4:35pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/121 "2026-02-20T16:35:51Z")

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I’ll take a square for him pointing a finger at Amy Comey Barrett and calling her an ungrateful little snot.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [February 20, 2026, 4:38pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/122 "2026-02-20T16:38:47Z")

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You know how there is a “designated survivor” who does not attend the State of the Union address just in case of a disaster…

The Dems should have a “designated attender”, whose job is to be the sole person attending the SotU address. They could sit there and read the newspaper or play games on their phone.

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**Author:** ![JoePockets](https://avatars.discourse-cdn.com/v4/letter/j/8dc957/32.png) [@JoePockets](https://boards.straightdope.com/u/JoePockets)\
**Post date:** [February 20, 2026, 4:42pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/123 "2026-02-20T16:42:14Z")

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Great! How do they figure on paying the American consumer back the lion share of the cost of this illegal scheme! Or will go to paying off national debt!

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**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\
**Post date:** [February 20, 2026, 4:42pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/124 "2026-02-20T16:42:32Z")

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Not for nothing, but the businesses suing for refunds can go screw unless they have absolute rock solid proof they didn’t pass the tariffs along to consumers.

I’d like to protect the economy somewhat from Trump’s disastrous policies, thank you.

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**Author:** ![JoePockets](https://avatars.discourse-cdn.com/v4/letter/j/8dc957/32.png) [@JoePockets](https://boards.straightdope.com/u/JoePockets)\
**Post date:** [February 20, 2026, 4:51pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/125 "2026-02-20T16:51:16Z")

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If only Trump had a true sense of honor he would pull out his golden harakiri blade put it to good use! Alas honor is not Trump being so I’m not holding my breath for this outcome!

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [February 20, 2026, 4:54pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/126 "2026-02-20T16:54:30Z")

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> [@Babale](#):
>
> She has absolutely been _more sound and moderate than one might expect_, but given rulings like the one you yourself noted, she’s definitely not _sound and moderate_ overall.

It’s like you hire Jason Voorhees to work at your grocery store, and find that he actually stocks the shelves when you ask him to, and only half of your teenage employees go missing.

Still a poor choice, but better than expected.

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [February 20, 2026, 5:11pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/127 "2026-02-20T17:11:25Z")

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> [@Max\_S](#):
>
> Ideally they construe the statute against the President and don’t address the delegation question.

The Court only mustered a majority to construe the statute against the President:

> IEEPA authorizes the President to “investigate,  
> block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit . . . importation or exportation.” 50 U. S. C. §1702(a)(1)(B). Absent from this lengthy list of powers is any mention of tariffs or duties . . .  
> [textual interpretation omitted]  
> Our task today is to decide only whether the power to “regulate . . . importation,” as granted to the President in IEEPA, embraces the power to impose tariffs. It does not.

[https://www.supremecourt.gov/opinions/25pdf/24-1287\_4gcj.pdf](https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf)

~Max

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**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [February 20, 2026, 5:28pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/128 "2026-02-20T17:28:59Z")

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> [@Whack-a-Mole](#):
>
> Now the big question is will Trump abide by their ruling?

Why not?

From Ana Swanson in the [New York Times](https://www.nytimes.com/live/2026/02/20/us/trump-tariffs-supreme-court?unlocked_article_code=1.NlA.k0p-.0n4-3LcXH4cM&smid=url-share):

> [@](#):
>
> U.S. Trade Representative Jamieson Greer told me in an [interview](https://www.nytimes.com/2026/01/19/us/politics/trump-tariffs-supreme-court-greer-trade.html?smid=nytcore-ios-share) last month that if the court ruled against the administration he would start working to replace them “the next day” by invoking other aspects of U.S. trade law.
> 
> Among the options are Section 232, which allows the government to impose tariffs on certain sectors in the interest of national security, and Section 301, which allows tariffs to be imposed for unfair trade practices. Trump used the Section 301 provision against China in his first term.

SCOTUS did not uphold the plain wording of the Constitution putting tariff-making in the hands of Congress. They instead just ruled that Trump used the wrong statute for being an imperial president on tariffs.

However, I need to read the ruling. Maybe there is something in there stopping dictatorship that I have not yet read about.

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**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [February 20, 2026, 5:37pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/129 "2026-02-20T17:37:13Z")

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> [@JoePockets](#):
>
> If only Trump had a true sense of honor he would pull out his golden harakiri blade put it to good use!

[![Imgur](https://i.imgur.com/glvvIMW.png "imgur.com") ](https://imgur.com/glvvIMW)

Translation: ‘In emergency, this is where you can commit seppuku.’

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<div class="post-metadata">

**Author:** ![RitterSport](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rittersport/32/6326_2.png) [@RitterSport](https://boards.straightdope.com/u/RitterSport)\
**Post date:** [February 20, 2026, 5:46pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/130 "2026-02-20T17:46:19Z")

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I guess a lower court could put an injunction on any new tariffs, would get appealed quickly to SCOTUS, which would decide whether to keep the injunction or lift it until they could review it (another year goes by…).

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**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\
**Post date:** [February 20, 2026, 5:58pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/131 "2026-02-20T17:58:41Z")

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> [@wolfpup](#):
>
> I’m going to guess that the “backup plan” is also illegal, but will take another year to wind its way up to the Supreme Court, so … win!

> [@Babale](#):
>
> She has absolutely been _more sound and moderate than one might expect_, but given rulings like the one you yourself noted, she’s definitely not _sound and moderate_ overall.

Just wanted to quote these two well stated truths.

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**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [February 20, 2026, 6:27pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/132 "2026-02-20T18:27:08Z")

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Trump giving press briefing right now, started about 5 minutes ago.

[![](https://img.youtube.com/vi/SLU-8jMAoNI/maxresdefault.jpg "LIVE: Trump holds a press briefing after SCOTUS rules his tariffs illegal") ](https://www.youtube.com/watch?v=SLU-8jMAoNI)

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<div class="post-metadata">

**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\
**Post date:** [February 20, 2026, 6:34pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/133 "2026-02-20T18:34:02Z")

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According to Trump, this ruling gives the president even more power with regards to tariffs.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [February 20, 2026, 6:34pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/134 "2026-02-20T18:34:17Z")

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> [@JoePockets](#):
>
> How do they figure on paying the American consumer back the lion share of the cost

They won’t. They may end up having to pay back the American importer companies who paid the tariffs. Who I suspect will then award themselves nice fat bonuses and continue to raise prices for the consumers (suckers!)

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**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\
**Post date:** [February 20, 2026, 6:43pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/135 "2026-02-20T18:43:19Z")

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> [@Cheesesteak](#):
>
> Not for nothing, but the businesses suing for refunds can go screw unless they have absolute rock solid proof they didn’t pass the tariffs along to consumers.

That is an excellent point, and I hope this is part of the calculus as they unwind this.

The corporations may have written the check, but the consumer paid the bill. As you stated, solid proof to the contrary, corporations shouldn’t get a windfall.

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**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\
**Post date:** [February 20, 2026, 6:54pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/136 "2026-02-20T18:54:34Z")

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Apparently the Supreme Court is under the control of foreign interests!

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**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\
**Post date:** [February 20, 2026, 6:55pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/137 "2026-02-20T18:55:53Z")

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A few highlights from the presser:  
He is saying he is “ashamed of certain members of the Court, absolutely ashamed, for not having the courage to do what’s right for our country.”  
He thanked Alito, Thomas and Kavanaugh for their “strength and love for our country.”  
The Democrats (not clear who that is exactly) on the Court are “against anything that makes America strong, healthy and great again and are frankly a disgrace to our nation.”

These Justices are just being “fools and lapdogs for the RINOS and radical Left Democrats…and they are very unpatriotic and disloyal to our Constitution.” He then goes on to say the majority on the Court is controlled by a foreign cabal.

So far he’s more controlled and less out of control than I thought he would be.

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<div class="post-metadata">

**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [February 20, 2026, 6:57pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/138 "2026-02-20T18:57:09Z")

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> [@Kolak\_of\_Twilo](#):
>
> So far he’s more controlled and less out of control than I thought he would be.

yet still insane it seems.

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<div class="post-metadata">

**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [February 20, 2026, 6:58pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/139 "2026-02-20T18:58:16Z")

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> [@Kolak\_of\_Twilo](#):
>
> So far he’s more controlled and less out of control than I thought he would be.

Totally Captain Queeg, though.

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<div class="post-metadata">

**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\
**Post date:** [February 20, 2026, 7:05pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/140 "2026-02-20T19:05:51Z")

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So, the “backup plan” is that he’ll continue the illegal tariffs under a different section of law rather than the IEEPA , which other sections of law are also intended for emergency use such as for national security, and are equally inappropriate and equally illegal.

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