LIMA, Peru – The Supreme Court of the United States annulled the global tariffs imposed by President Donald Trump during his second term, determining this Friday that the president lacked legal authority to apply them without express approval from Congress.
In a 170-page ruling approved by a 6-3 vote, the court concluded that the International Emergency Economic Powers Act of 1977 does not authorize the unilateral imposition of far-reaching tariffs.
The majority opinion was written by Chief Justice John Roberts, establishing that the president “takes upon himself the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope.”
Trump had used that rule to impose liens so-called “reciprocal” tariffs to more than 100 countries, as well as specific tariffs to Mexico, Canada and China, alleging national security reasons linked to fentanyl trafficking.
It is the first time that the highest court definitively invalidates a central policy of the current administration. In recent decades, the aforementioned Law had been used for sanctions or embargoes, but not to establish a global tariff regime.
However, the Supreme Court’s decision does not affect all of Trump’s tariffs, but it does invalidate those implemented through the emergency law, keeping in force those imposed through different legislation such as steel and aluminum.
According to estimates cited in the ruling, the tariffs would have generated about $1.5 trillion over 10 years. The president had defended the tariffs as necessary to protect the US economy, although officials indicated after the veto that the Executive could seek other legal avenues to restore similar trade measures.
Three conservative justices voted against the decision, including Brett Kavanaugh, who warned that the ruling could force the government to return billions of dollars to importers, which could result in “disaster.”
Last January 29, Trump, declared “national emergency” with respect to Cuba, considering that “the policies, practices and actions” of Havana constitute “an unusual and extraordinary threat” to the national security and foreign policy of the United States. For this reason, tariffs were imposed on the country that sent fuel to Cuba. It remains to be seen whether Trump’s executive order from late January limiting fuel access for the Castro regime could be affected by the court ruling.
