U.S. Supreme Court Strikes Down Tariffs
The U.S. Supreme Court, in a 6-3 ruling, struck down the tariff regime U.S. President Donald Trump had put in place citing authority from the International Emergency Economic Powers Act (IEEPA). The decision evenly divided the six Justices appointed by Republican presidents.
The majority opinion of the Court, which was authored by Chief Justice Roberts and joined by two additional Justices (Barrett and Gorsuch) nominated by Republican presidents (Barrett and Gorsuch were nominated by Trump himself), held that the IEEPA did not authorize the tariffs, and as such are impermissible without an act of Congress. A dissent authored by Justice Kavanaugh (a Trump nominee) and joined by Justices Thomas and Alito (both nominees of Republican presidents) opined the President did have lawful authority to establish and enforce the tariffs.
Analysis and eternal perspective: Stories like this one that demonstrate the reality of the separation of powers enshrined in the republican form of U.S. government are instructive for all American citizens. You may or may not agree with the holding of the court, but the decentralization of power—with numerous checks and balances on the various powers—has proven to be a special kind of genius over the past 250 years. There are very few places in the world in which the authority to govern is as carefully divided as it is in the United States. This is a source of nearly constant frustration for whoever is in power, and then quickly a means of relief for those same people when they are no longer in power.
This case is a particularly stark visualization of this dynamic, as even the six Justices who formed the majority opinion have very divergent views on where exactly to draw the line on tariff powers. For example, Justice Gorsuch wrote a 46-page concurring opinion forcefully arguing for a robust interpretation of the “major questions” doctrine, which essentially requires a very specific congressional delegation of authority when it comes to major issues.
As for you, tariff policy likely does impact you in at least some way—perhaps prices at the grocery store or even the geopolitical posture of your favorite international destination. But far more important than tariffs or the major questions doctrine (both of which are certainly of some import) is the reality that all authority in heaven and on earth belongs to Jesus (Matt. 28:18). It is a comforting reality as you grapple with complex questions of earthly authority.