
The Daily Special Episode: Trump's Tariffs Struck Down
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Feb 20, 2026 Adam Liptak, chief legal affairs correspondent for The New York Times and veteran Supreme Court reporter. He explains the Court’s 6-3 ruling that struck down wide-reaching tariffs. He breaks down the legal basis, the unusual conservative-liberal alignment, which tariffs survive, and the messy path for refunds and future litigation.
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IEEPA Doesn't Authorize Broad Tariffs
- The Supreme Court held the International Emergency Economic Powers Act (IEEPA) does not authorize sweeping tariffs because it lacks the word "tariffs."
- Chief Justice Roberts said "regulation of importation" isn't equivalent to taxation and Congress must speak clearly to give that power.
Conservative Justices Were Divided
- The 6-3 majority included Chief Justice Roberts and two Trump appointees, splitting the usual conservative bloc.
- The dissenting conservatives were willing to infer broader presidential authority from constitutional structure and duties.
Deliberation Over Executive Impulse
- Justice Gorsuch emphasized the value of deliberation and legislative consensus over unilateral presidential action.
- He warned against bypassing Congress even when a problem tempts immediate executive action.

