The Supreme Court’s decision to strike down President Donald Trump’s sweeping global tariffs is a loud wake-up call for Congress. If the legislative branch had been doing its job last year and hadn’t ceded its taxing power when the White House embarked on this unprecedented protectionist journey, perhaps we wouldn’t be in the mess we’re now in.
But with its 6-3 ruling on Feb. 20, the high court not only reaffirmed the separation of powers but invited Congress to reassert itself as the branch with the power of the purse. Congress should get its act together and tell the president if he wants to keep his tariffs, he’ll need to work with them to do it.
It could take a lot of persuasion. Within hours of the ruling, Trump delivered a rambling news conference where he dismissed both lawmakers and court. He noted that some tariffs he had already declared under different legal authority had not been struck down by the courts, and announced plans to expand others using Section 122 of the Trade Act of 1974. That provision allows the president to declare import surcharges of up to 15%, but only for 150 days — not indefinitely.
Of course, if Trump wanted the tariffs to last for more than a few months, he could work with Congress on a longer-term solution. But that would require him to agree that laws are things to be followed, and Congress is a branch of government to be respected.
Neither is going to happen. When a reporter asked Trump why he doesn’t try to get congressional approval, he replied: “I don’t have to.” Then, he stubbornly insisted: “I have the right to do tariffs. I’ve always had the right to do tariffs.”
Congress has demonstrated most members aren’t tariff fans, but GOP leaders don’t seem ready to find the votes do much about it. After the ruling, House Speaker Mike Johnson was vague, saying in a social media post that the White House and congressional leaders “will determine the best path forward in the coming weeks.” Senate Majority Leader John Thune was noncommittal, suggesting in a post that tariffs should be limited to addressing “unfair trade practices and help[ing] level the playing field with foreign competitors.”
Throughout the majority opinion, justices seemed to be reminding Congress that while the president cannot unilaterally impose unlimited emergency tariffs, he’s not out of options as long as he works with lawmakers.
Justice Neil Gorsuch, a conservative whom Trump appointed to the bench in 2017, seemed to be speaking directly to the president and the MAGA wing of the GOP in his concurring opinion.
“For those who think it important for the Nation to impose more tariffs, I understand that today’s decision will be disappointing,” Gorsuch wrote. “All I can offer them is that most major decisions affecting the rights and responsibilities of the American people (including the duty to pay taxes and tariffs) are funneled through the legislative process for a reason.”
Gorsuch acknowledged that “Legislating can be hard and take time.” He didn’t mention the president or his distaste for legislative compromise but acknowledged that “It can be tempting to bypass Congress when some pressing problem arises.”
Underscoring his reputation as a constitutional originalist, Gorsuch also said something the framers would have liked. He noted that “the deliberative nature of the legislative process was the whole point of its design. Through that process, the Nation can tap the combined wisdom of the people’s elected representatives, not just that of one faction or man.”
He then wisely pointed to the fact that when legislation must “earn broad support,” it is more likely “to endure, allowing ordinary people to plan their lives in ways they cannot when the rules shift from day to day.”
Congressman Don Bacon, the independent-minded Republican of Nebraska, posted the justice’s comments on social media and wrote: “Perfect words.”
Unfortunately, few in GOP leadership echoed it.
There are two reasons for this. First, Trump and congressional leaders know that 60% of Americans disapprove of the president’s tariff policies. And second, Trump has run the table on Congress for so long that Republicans are terrified to push back.
For the past 13 months, Congress has abdicated its role as a check on the executive. Lawmakers remained silent as the president cut billions of dollars in congressionally mandated funds, renamed the congressionally established Kennedy Center after himself and dismantled agencies he doesn’t like.
Congress not only allowed Trump to illegally use emergency declarations to impose global tariffs but it has done nothing as he’s spent money on things that were never authorized — like transferring $10 billion from the U.S. government to his personally controlled “Board of Peace.”
And Congress has been AWOL on oversight, allowing the president to dismiss congressional appointees from independent commissions, accept questionable gifts from foreign countries, engage in conflict-ridden business deals and gut the federal watchdog system.
The Constitution’s framers didn’t intend for Congress to be a coequal branch of the executive. They wanted it to be the first branch because it’s closest to the people. That means it can better reflect the public’s values and interests.
Congress has been ceding power to presidents for decades now, but the Supreme Court just gave it permission to hit the reset button. It’s sad that it took the court to stand up for the constitutional authority that members of Congress take an oath to defend. But they shouldn’t let the opportunity go to waste. It’s time to tell Trump: We’ve got this.
