With a 6-3 majority, the Supreme Court this morning ruled that the International Emergency Economic Powers Act (IEEPA) does not provide authority for the President to impose tariffs. Chief Justice John Roberts wrote the majority opinion and the court agreed that the tariffs exceeded the law. The court, however, did not say what should happen to the more than $130 billion in tariffs that has already been collected.
“The president asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope,” Roberts wrote for the court. “In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it.”
The ruling applies to the President’s “Liberation Day” tariffs, but not individual tariffs he’s imposed on specific countries or products.
Justices Amy Coney Barrett and Neil Gorsuch joined with Roberts and the three liberal justices in the majority. Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh dissented.
In response to the ruling, NCC President Harrison Kircher said, “While we respect the Court’s ruling, we also support the administration’s goals of trying to level the playing field to achieve fair trade. Trade is such an important component of the U.S. broiler industry – the U.S. currently exports about 15 percent of production to more than 100 countries valued at almost $4.5 billion annually.
