THE DAILY BLAST with Greg Sargent Trump’s Rage at SCOTUS Explodes—then Backfires as GOPers Turn on Him
Feb 23, 2026
Matthew Seligman, a legal scholar and founder of Greyhawk Law who represents businesses in trade and tariff disputes, breaks down the Supreme Court rebuke of Trump’s tariffs. He explains why the law did not authorize the tariffs. He explores what alternative authorities Trump might try and the political fallout as Republicans push back.
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SCOTUS Rejects IEPA As Basis For Tariffs
- The Supreme Court ruled the International Economic Emergency Powers Act (IEPA) does not authorize tariffs because 'regulate importation' excludes tariffs.
- Matthew Seligman notes Congress used explicit 'tariff' language in other statutes and set procedural limits, showing IEPA was not meant to grant that power.
Watch For Procedural Steps If Tariffs Return
- Expect the administration to try to recreate tariffs using other statutory authorities rather than accept the ruling.
- Seligman advises close attention to whether they follow required procedures and substantive limits or courts will strike them down.
Tariffs Reflect A Broader Executive Power Clash
- Trump asserts unilateral tariff power because he lacks Congressional support and dislikes constraints on his authority.
- Seligman links Trump's emotional investment in tariffs to his broader belief he can 'decide everything' without limits.