Comment & Analysis
Mar 21, 2026

Behind the US Supreme Court Ruling Against President Trump’s Tariffs

Since the United States Supreme Court decision to rule against the tariffs brought forward by President Trump last year, both the United States and the rest of the world have been left at a crossroads wondering how the market and the political landscape look with the ruling in the foreseeable future

Erin Hennessy Contributing writer
blank

New developing policies surrounding tariffs have always been a core element of Trump’s economic policies. In April 2025, President Trump introduced a new set of tariffs on imports that created much political contention within U.S. politics and international affairs. These tariffs were introduced under the International Economic Emergency Powers Act  (IEEPA). Alongside this, President Trump had introduced another set on China, Mexico and Canada during this time as he argued that this was a vital measure to combat concerns of drug importations into the United States. 

The ruling was a 6 to 3 decision in opposing Trump’s tariffs on imports. One of the factors that makes the ruling so striking is that it was not a case of Republican and Democrat judges being split on a decision that would be convenient to their ideology while aligning with constitutional principles. Of the six judges who ruled against Trump’s tariffs, two were judges who President Trump nominated to the Supreme Court during his first term in office. When looking at the main reasons why the tariffs were struck down, the argument surrounding the constitutionality of the tariffs were the very backbone for bringing down these tariffs in the Supreme Court. According to MSN,  Chief Justice John Roberts noted that, The framers did not want any part of the taxing power in the Executive Branch”. 

As policies surrounding tariffs usually fall under the taxing portfolio, which is a mandated duty of Congress, to compromise this by allowing the executive to enforce policies that will create a domino effect on the global market would be contrary to what is deemed constitutional in regards to economic and taxation mandates. However, Justices Brett Kavanaugh, Clarence Thomas and Samuel Alito did not agree with the final verdict. To understand the dissent from these judges, Justice Brett Kavanaugh sums up the dissenting perspective by adding that, “The tariffs at issue here may or may not be wise policy. But as a matter of text, history and precedent, they are clearly lawful” as MSN reports. The mention of history and precedent that Kavanaugh refers to is a talking point that Trump has used where he cites a law from 1970 where during times of political and economic dilemma, the President has the autonomy to create import duties and regulate the level of imports coming into the US. 

ADVERTISEMENT

While it might be too early to fully analyse the gravity of the Supreme Court’s decision, what can be seen already are the effects of the tariffs on the global market. As of December 2025, over $133 billion dollars in tariffs were collected from imports already. A major issue that has arisen is over companies who have paid these tariffs are not being refunded now since these tariffs have been struck down by the Supreme Court. Therefore, companies are going to be at a financial loss for paying this tariff, which has now been made redundant. As well as that, due to the amount that has already been paid in tariffs, repaying them will lead to a loss in the Government’s budget too.  

Estimates predict that the level of financial loss due to these tariffs will be at around $3 trillion over the next 10 years. As a result of the Supreme Court’s ruling, President Trump introduced a new set of tariffs on imports at 10 per cent, later increasing them to 15 per cent. For the most part, this has left a bitter taste in the mouth of the international community as it is likely that the EU will face a higher set of tariffs due to Trump’s economic rebuttal to the ruling. Likewise, China has condemned these actions by urging the White House to put a stop to the severity of these tariffs. 

When looking solely at the United States, it is evident that after a year of turmoil surrounding these tariffs, businesses will be facing a more stable financial climate for now by not being subjected to the true severity of these import tariffs. With that being said, it must be acknowledged that with an end to one time of uncertainty, another wave arises for businesses. As President Trump has introduced a new set of tariffs that have already been subjected to increase (now at 15 per cent), businesses are still at the mercy of such measures that are creating a strain on capital and other resources. Considering that these tariffs were not favoured by the majority of the American public, the ruling by the Supreme Court was widely welcomed as a decision that was deemed a political necessity for both businesses and individuals. 

After the ruling was passed by the Supreme Court, the stock market had already faced an increase. According to one Morningstar article, by the morning of the Supreme Court’s finalised ruling, there was a 0.33 per cent in stocks on the US Market Index. Moreover, the financial output of the US Treasury Bond for the next decade had jumped up to 4.097 per cent as Morningstar points out. From an institutional standpoint, the contention existing between President Trump and Congress has not been put to rest in regards to the tariffs because with the new 15 per cent tariff introduced by the President, after 150 days, Congress will make the decision from there, even if it is contrary to the desires of President Trump. 

For the European Union, they have been very proactive in working out a situation that makes the tariffs suitable to them while abiding by their deal with the US. After the level of tribulation that these tariffs caused for the EU, the step towards removing tariffs for industrial goods from the US by the trade committee of the European Parliament to show their seriousness for this new deal. But with the level of unpredictability that President Trump’s tariffs have brought, the European Parliament has been recommended to delay these plans to get better clarity surrounding the gravity of this situation. 

Nevertheless, any economic reprieve that the EU might have faced from the Supreme Court’s decision could be short lived because of the 15 per cent  tariff that has been introduced which will still have a big effect on key industries such as steel. As this new tariff has legal standing, going back to the Section 122 of the Trade Act (1974), the EU is even more on guard going into future negotiations with the US over these tariffs.

Irish economists and politicians worry that the new tariffs that the President has introduced will be added to tariffs already placed on key Irish industries, adding more economic strain. As Ireland will follow the path that the EU is taking in this case, because the EU is preparing itself for the ever changing economic dynamic that the US has created while maintaining their own political boundaries for these new tariffs, Ireland will find itself forced to have its sectors ready to adapt to these new changes.

While it might be too early to dissect the impact of the Supreme Court’s decision on the US and beyond, it is inevitable that economic unpredictability and discourse over Trump’s new tariffs will continue for the foreseeable future.

Sign Up to Our Weekly Newsletters

Get The University Times into your inbox twice a week.