Supreme

WASHINGTON — President Trump said Saturday that he was raising the global tariff he wants to impose to 15%, up from 10% he had announced a day earlier after the Supreme Court declared most of his tariffs to be illegal.

Trump said in a social media post that he was making the decision “Based on a thorough, detailed, and complete review of the ridiculous, poorly written, and extraordinarily anti-American decision on Tariffs issued yesterday.”

After the court ruled he didn’t have the emergency power to impose many sweeping tariffs, Trump signed an executive order Friday night that would allow him to bypass Congress and impose a 10% tax on imports from around the world. The catch is that those tariffs would be limited to 150 days unless Congress agrees to extend them.

Trump’s post, significantly ratcheting up a global tax on imports to the U.S. yet again, was the latest sign that despite the court’s check, the Republican president was intent on continuing to wield in an unpredictable manner his favorite tool for the economy and to apply global pressure. Trump’s shifting announcements over the last year that he was raising and sometimes lowering import taxes with little notice jolted markets and rattled nations.

Saturday’s announcement seemed to be a sign that Trump intends to use the temporary global tariffs to continue that pattern.

“During the next short number of months, the Trump Administration will determine and issue the new and legally permissible Tariffs, which will continue our extraordinarily successful process of Making America Great Again,” Trump wrote in his post.

Under the order Trump signed Friday night, the 10% tariff was scheduled to take effect starting Feb. 24. The White House did not immediately respond to a message inquiring when the president would sign an updated order.

In addition to the temporary tariffs that Trump wants to set at 15%, the president said Friday that he was also pursuing tariffs through other sections of federal law that require investigation by the Commerce Department.

Trump leveled pointed personal attacks on the Supreme Court justices who ruled against him in a 6-3 vote, two of whom he appointed during his first term, Justices Neil M. Gorsuch and Amy Coney Barrett. Trump, at a news conference Friday, said of the court majority: “I think it’s an embarrassment to their families.”

He was still seething Friday night, complaining on social media about Gorsuch, Barrett and Chief Justice John G. Roberts Jr., who wrote the majority opinion.

On Saturday morning, Trump issued another post declaring that his “new hero” was Justice Brett M. Kavanaugh, whom he also appointed and who wrote a 63-page dissent. He also praised Justices Clarence Thomas and Samuel A. Alito Jr., who joined Kavanaugh in the minority.

The president said of the three dissenting justices: “There is no doubt in anyone’s mind that they want to, MAKE AMERICA GREAT AGAIN!”

Price writes for the Associated Press.

President Trump calls Supreme Court justices an ’embarrassment to their families’ in 45-minute address to the media.

United States President Donald Trump and his vice president, JD Vance, have launched personal attacks on the justices of the US Supreme Court and their families, after the country’s top court struck down trade tariffs imposed by the White House.

In a 45-minute address to reporters at the White House, the US president heaped criticism on the six justices who ruled against his signature tariff policy in the 6-3 decision by the court on Friday, including Neil Gorsuch and Amy Coney Barrett, whom Trump appointed to the court during his first term.

“I think it’s an embarrassment to their families, you wanna know the truth, the two of them,” Trump said, referring to Justices Gorsuch and Barrett.

“I’m ashamed of certain members of the court – absolutely ashamed – for not having the courage to do what’s right for our country,” Trump added.

Shockingly, Trump also claimed that the Supreme Court “has been swayed by foreign interests”, without providing any evidence.

Trump then warmly praised the three members of the court who dissented in the ruling.

“I’d like to thank and congratulate Justices [Clarence] Thomas, [Samuel] Alito, and [Brett] Kavanaugh for their strength and wisdom and love of our country, which is, right now, very proud of those justices,” Trump said.

“When you read the dissenting opinions, there’s no way that anyone can argue against them,” he said.

Vice President Vance also sharply criticised the justices for their ruling, accusing them of “lawlessness” in a post on X.

“Today, the Supreme Court decided that Congress, despite giving the president the ability to ‘regulate imports’, didn’t actually mean it,” Vance wrote in a post on X.

“This is lawlessness from the Court, plain and simple,” said Vance, whose political profile rose to prominence after writing a memoir about his time at Yale Law School.

Trump and Vance’s comments mark a rare rebuke of the nine-member Supreme Court, which currently has six members appointed by Trump’s Republican Party and has often ruled in favour of his administration’s policies.

The United States Supreme Court ruling against the administration of US President Donald Trump’s sweeping global tariffs has left a question unanswered on what is the refund process for the funds collected over the past several months through the tariffs that had been imposed on most US trading partners .

In a 6–3 decision issued on Friday, Chief Justice John Roberts upheld a lower court ruling that found the president’s use of the International Emergency Economic Powers Act (IEEPA) exceeded his authority.

The high court did not specify how the federal government would refund the estimated $175bn collected under the tariffs. In his dissent, Justice Brett Kavanaugh warned that issuing refunds would present practical challenges and said it would be “a mess”.

The case will now return to the Court of International Trade to oversee the refund process.

More than 1,000 lawsuits have already been filed by importers in the trade court seeking refunds, and a wave of new cases is expected. Legal experts say the administration will likely require importers to apply for refunds individually. That process could disproportionately burden smaller businesses affected by the tariffs.

“The government is probably not going to voluntarily pay back the money it unlawfully took. Rather, the government is going to make everyone request a refund through different procedures by filing formal protests. They’re going to delay things procedurally as long as they can. Hiring lawyers and going through these procedures costs money and time,” Greg Shaffer, a law professor at Georgetown University, told Al Jazeera.

“I imagine the largest companies, who have been prepared for this eventuality, will eventually get their money back. But smaller importers, it’s a cost-benefit analysis where they might shrug their shoulders and say it’s not worth going through the hassle to get the unlawfully imposed taxes paid back to them.”

Trump’s path forward

Despite Friday’s ruling, other sweeping levies remain in place. Trump had invoked Section 232 of the 1962 Trade Expansion Act to impose sector-specific tariffs on steel and aluminium, cars, copper, lumber, and other products, such as kitchen cabinets, worldwide.

On Friday, Trump said he would impose a 10 percent global tariff for 150 days to replace some of his emergency duties that were struck down. The order would be made under Section 122 of the Trade Act of 1974, and the duties would be over and above tariffs that are currently in place, Trump said.

The statute allows the president to impose duties of up to 15 percent for up to 150 days on any and all countries related to “large and serious” balance of payments issues. It does not require investigations or impose other procedural limits.

The president also has other legal avenues available to continue taxing imports aggressively.

“Our trading partners were well aware of the risks the President faced in using IEEPA as the basis for reciprocal and other tariffs. Nevertheless, they chose to conclude deals with Washington, convinced by Washington that other statutes would be utilised to keep the tariffs in place,” Wendy Cutler, vice president of the Asia Society Policy Institute, told Al Jazeera in a statement.

“With respect to China, USTR [United States trade representative] still has an active Section 301 investigation on China’s compliance with the Phase One agreement, which could be a major feature of the back-up plan for Beijing.”

The president is expected to travel to Beijing next month to meet his Chinese counterpart, Xi Jinping, to discuss trade.

“The two main options include Section 301 of the Trade Act of 1974, the traditional mechanism for imposing tariffs in response to unfair trade practices by other countries. It requires an investigation and a report, but ultimately gives the president considerable discretion to impose tariffs. It has been used in the past and will likely be the most frequently used measure going forward,” Shaffer, the law professor, said.

He noted, however, that the administration’s tariff options could not be applied retroactively, meaning any new tariffs would apply only to future imports rather than covering duties already paid.

Raj Bhala, professor of law at The University of Kansas School of Law, argues there are remedies at the president’s disposal in addition to Section 122. Bhala said that Trump could use Section 338 of the Tariff Act of 1930 (also known as the Smoot-Hawley Act). That allows the president to impose a 50 percent tariff to challenge discriminatory trade practices from other countries.

“Each option involves procedural hurdles,” Bhala said.

Congressional pressure

Roberts wrote that the president must “point to clear congressional authorization” to impose tariffs. The ruling has increased pressure on both Trump’s allies and critics in Congress to clarify the scope of executive trade authority.

“What a fantastic ruling for a feckless branch of government. While its current tendency is to abdicate, the court has told Congress to do its job,” a former official in the White House Office of Management and Budget told Al Jazeera in response to the decision.

“Congress must either act with specific legislation, or declare war, which would grant the President the emergency powers to levy tariffs.”

“Congress and the Administration will determine the best path forward in the coming weeks,” House Speaker Mike Johnson said in a post on the social media platform X.

Senate Democratic Leader Chuck Schumer, by contrast, welcomed the ruling, saying it will “finally give families and small businesses the relief they deserve” and that Trump should end “this reckless trade war for good.”

But how that money will get paid back, and if it was already spent, will require Congress to step in.

“If it has been spent, the money will have to be reallocated by Congress. Congress will have to determine how much is owed to importers, pass a law to fund it, and create a mechanism for repayment. There’s also the question of who is entitled to it. Is it only the importer, or does it extend to the end consumer? Where does the line stop?” Babak Hafezi, professor of international business at American University, told Al Jazeera.

“This is not something that will be fixed in 24 hours. It will most likely take years, possibly even a decade, to resolve all the issues this less-than-a-year-old law has imposed on Americans.”

“The United States, after all, is not at war with every nation in the world.” The US Supreme Court has struck down Donald Trump’s use of a national emergency declaration to impose sweeping global tariffs. Al Jazeera’s Mike Hanna explains the court’s reasoning.

Feb. 20 (UPI) — The U.S. Supreme Court ruled Friday that President Donald Trump does not have the unilateral authority to impose tariffs.

The 6-3 decision struck down some of the broad tariffs Trump has imposed across the world from the Executive Branch. Chief Justice John Roberts said the president “must identify clear congressional authorization” to use the International Emergency Economic Powers Act to impose tariffs.

The decision came down in a lawsuit with several small businesses and Democratic attorneys general sued the Trump administration over improperly imposing tariffs. The plaintiffs argued that Trump was using the tariffs to raise revenue, a responsibility that falls under the scope of U.S. Congress, not the president.

While the Justice Department claimed that Trump was using tariffs to regulate foreign goods, Trump often said the tariffs were bringing in substantial revenue to the federal government.

Tariffs that Trump imposed using other laws will remain in place, such as tariffs on steel and aluminum.

Roberts added that the Trump administration has not provided any statutory support to its claim that the International Emergency Economic Powers Act applies to tariffs.

“We hold that the IEEPA does not authorize the president to impose tariffs,” Roberts wrote in the majority opinion.

Justices Clarence Thomas, Brett Kavanaugh and Samuel Alito, all conservative justices, dissented.

Friday’s decision is the first in which a legal challenge to Trump’s second-term policies received a full hearing and resolution from the U.S. Supreme Court.

WASHINGTON — The Supreme Court ruled Friday that President Trump’s sweeping worldwide tariffs are illegal and cannot stand without the approval of Congress.

The 6-3 decision deals Trump his most significant defeat at the Supreme Court.

Last year, the justices issued temporary orders to block several of his initiatives, but Friday’s ruling is the first to hold that the president overstepped his legal authority.

Chief Justice John G. Roberts Jr., speaking for the court, said Congress has the power to impose taxes and tariffs, and lawmakers did not do so in an emergency law that does not mention tariffs.

“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,” he wrote.

“And until now no President has read the International Emergency Economics Act to confer such power. We claim no special competence in matters of economics or foreign affairs. We claim only, as we must, the limited role assigned to us by Article III of the Constitution. Fulfilling that role, we hold that IEEPA does not authorize the President to impose tariffs,” Roberts wrote.

Justice Neil M. Gorsuch in a concurring opinion stressed the role of Congress.

“The Constitution lodges the Nation’s lawmaking powers in Congress alone,” he said.

Justices Clarence Thomas, Samuel A. Alito and Brett M. Kavanaugh dissented.

Trump claimed his new and ever-shifting tariffs would bring in trillions of dollars in revenue for the government and encourage more manufacturing in the United States.

But manufacturing employment has gone down over the past year, in part because American companies have been hurt by higher costs for parts that they import.

Critics said the new taxes hurt small businesses in particular and raised prices for American consumers.

The justices focused on the president’s claimed legal authority to impose tariffs as responses to an international economic emergency.

Several owners of small businesses sued last year to challenge Trump’s import taxes as illegal and disruptive.

Learning Resources, an Illinois company which sells educational toys for children, said it would have to raise its prices by 70% because most of its toys were manufactured in Asia.

A separate suit was filed by a New York wine importer and Terry Precision Cycling, which sells cycling apparel for women.

Both suits won in lower courts. Judges said the International Emergency Economic Powers Act of 1977 cited by Trump did not mention tariffs and had not been used before to impose such import taxes.

The law said the president in response to a national emergency may deal with an “unusual and extraordinary threat” by freezing assets or sanctioning a foreign country or otherwise regulating trade.

Trump said the nation’s long-standing trade deficit was an emergency and tariffs were an appropriate regulation.

While rejecting Trump’s claims, the lower courts left his tariffs in place while the administration appealed its case to the Supreme Court.