…Three lone voices of sanity, Justices Kavanaugh, Thomas, and Alito, issued a blistering dissent, warning that this decision creates a “mess” of biblical proportions for the U.S. Treasury and leaves our national security vulnerable to foreign threats.
These justices called out the decision as a dangerous power grab by the judiciary, ignoring historical precedents and the clear intent of Congress to empower the President in times of emergency.
President Trump, shortly after reclaiming the White House in 2025, declared national emergencies over the “public health crisis” caused by illegal drugs pouring in from Canada, Mexico, and China, and the “hollowing out” of American manufacturing due to massive trade deficits.
Using IEEPA, a law passed in 1977 to give presidents tools to fight foreign threats, he slapped tariffs on imports: 25% on most Canadian and Mexican goods, 10% on Chinese products for the drug war, and at least 10% on ALL imports from trading partners to fix the trade imbalance.
Small businesses and deep-state allies sued, and today the Court sided with them, claiming IEEPA’s language to “regulate… importation” doesn’t include tariffs because it’s not “clear congressional authorization.”
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