Kavanaugh in dissent: Bad policy or not, Trump's tariffs were 'clearly lawful'
Business Insider
February 20, 2026
AI-Generated Deep Dive Summary
The U.S. Supreme Court recently ruled 6-3 against most of President Donald Trump’s tariffs, with three conservative justices—Brett Kavanaugh, Clarence Thomas, and Samuel Alito—dissenting. These justices argued that Trump had the authority under the International Emergency Economic Powers Act (IEEPA) to impose tariffs as part of a national emergency declaration. While they acknowledged the potential economic impact of the tariffs, they emphasized their legal validity, stating they were “clearly lawful” based on historical precedent and statutory interpretation.
The majority decision struck down the bulk of Trump’s tariffs, which were imposed on imports from China and other countries. The dissenting justices contended that bypassing Congress to impose tariffs was a common presidential practice throughout U.S. history. Kavanaugh pointed out that interpreting IEEPA to exclude tariffs would create “nonsensical anomalies,” as tariffs have traditionally been a tool for regulating imports alongside quotas and embargoes.
The three justices also highlighted the logistical challenges of reversing the tariffs, warning it could result in significant financial complications. They argued
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Originally published on Business Insider on 2/20/2026