Name: The Supreme Court’s Historic Tariff Decision
Uploaded: 2026-02-22T15:00:00Z
Duration: 7 min 10 s
Description: Journal Editorial Report: Paul Gigot interviews UC Berkeley Law Professor John Yoo.

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Journal Editorial Report: Paul Gigot interviews UC Berkeley Law Professor John Yoo. Photo: Drew Angerer/Agence France-Presse/Getty Images

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Journal Editorial Report: Paul Gigot interviews UC Berkeley Law Professor John Yoo.

The Supreme Court’s Historic Tariff Decision 

Welcome to the "Journal Editorial Report." I'm Paul Gigot. The Supreme Court on Friday struck down Donald Trump's sweeping global tariffs, handing the president a significant setback on an issue that he has made the centerpiece of his economic agenda. That issue is the administration's use of the International Emergency Economic Powers Act, or IEPA, to levy import taxes on virtually all US trading partners. Writing for the 6-3 majority, Chief Justice John Roberts said, quote, "The president asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope. In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it. We hold that IEPA does not authorize the president to impose tariffs." For more, I'm joined by UC Berkeley Law Professor and former Deputy Assistant Attorney General, John Yoo. So John, welcome, good to see you again. So this is a major, major ruling on presidential power. Tell us what you think of the ruling.

Great to be with you, Paul. There are always two questions at stake here. One, could the president declare a national emergency over the fact that we have a large trade deficit? To be clear, the court doesn't touch that at all. The second question is, if there is a national emergency, did Congress in that IEPA statute grant the president the power to impose tariffs? The statute gives the power to impose complete embargoes and it gives the president the power to regulate all economic intercourse and traffic with another country. Nevertheless, the courts said we want to see Congress use the exact word tariff in the statute. And so the court simply says, because it didn't use the word, tariff, Congress didn't transfer its constitutional power to impose taxes and duties over to the president. Now one thing, another thing the court doesn't touch is there are a number of other trade laws, which the "Wall Street Journal" editorial page has written about at length in various contexts, which do give the president the power to impose tariffs as part of trade negotiations, as part of responding to unfair trade practices. Those are all intact, but what those laws don't allow is for president to impose the kind of tariffs, President Trump did here, worldwide, simultaneously, against all countries at the same rate.

Well, those other authorities you mentioned, those other statutes, they have the word, tariffs, expressly, you know, you may impose tariffs in the following circumstances and they lay out those circumstances. What IEPA does is it the president's interpretation of is just said, you know, "Anybody willy-nilly at any time any place and on and any amount." And the court basically said, "No, the president just doesn't have that power under the court's so-called major questions doctrine." This seems to be the major questions doctrine, which it used, the court used against Joe Biden's student forgiveness interpretations, and now coming back against a Republican president's use of tariffs. So do you agree that the major questions doctrine controls here?

I think this is actually the point where the conservative majority fractured. So you have Chief Justice Roberts, Justice Gorsuch and Justice Barrett agree with that point you just made, Paul, the major questions doctrine requires, on any major significant social and economic question that if Congress wants to give president the power it has to clearly say so and they conclude this huge amount of money, hundreds of billions of dollars at stake. You wanna see Congress authorize the President to explicitly impose tariffs. But Justices Thomas, Kavanaugh and Alito did not join them on that part of the opinion. They actually said, and this is a, this is why it is a very important, deeper question of presidential power here, Paul, is because they said, "I don't think we would apply the major questions doctrine here because this involves foreign policy and national security," and the president alone of all the constitutional actors, has to figure out how to use economic policy as part of the broader spectrum foreign and national security policies that the country's pursuing and so the other three conservatives would have not applied the major questions to doctrine so ironically, Chief Justice Roberts had to rely on the three liberal justices, Kagan, Sotomayor and Jackson to form his majority to strike down these tariffs

Well and what's fascinating here about the liberals is that they don't like the major questions doctrine. So they said, "Oh, we don't need to use that here," 'cause they've opposed it in previous rulings, "we can just look at the plain statute here." But Neil Gorsuch, who joined the chief in this really had an awful lot of fun eviscerating Elena Kagan's opinion concurrence here because he pointed out to them many times when Kagan had used very unjustified, very expansive readings of statutes and he or she just uses a very narrow interpretation of IEPA to strike it down. What do you make of Gorsuch's opinion?

Well, Gorsuch was having fun. He was shooting in all directions. He was firing, he was firing on Justice Kagan for not following the major questions auction. He was also firing on his conservative friends who were not joining the majority either. But can I make one point here, Paul, I think this puts the lie to all of these attacks that you've seen on the court from the left, from Democrats who said, "We have to pack the court," "We have to change this jurisdiction, it's in Trump's pocket," or. "It's in the pocket of big corporations." This opinion shows clearly that's just so far from the truth. Here you have the justices, the conservative major divided. Here you have three liberal justices joining with Chief Justice Roberts and Justice Gorsuch and Justice Barrett to strike down a signature, as you said, Paul, the core of the President's economic policy, the tariffs, it shows that the justice is here. They're not key, they don't care about who's Republican or who's Democrat, they're calling the balls and strikes just the way Chief Justice Roberts promised they would when he was confirmed two decades ago.

Are you at all surprised by the three justices who dissented here. Briefly.

I'm not because I, I'm not because I think they're worried about the bigger constitutional issue, which is how does international economic policy here putting embargoes on other countries, pushing them into fair trade deals, trying to restore power over the Western hemisphere or block China out of our economic system. They want to see international economic policy tied in with the rest of our foreign policy. And the courts have always deferred to the president when it comes to those questions. So here's another thing, the separation of powers here worked, but hopefully the President Congress can work together to rebuild a coherent foreign policy on these questions.

Alright, John Yoo, thanks so much for coming in. Appreciate it.