In a notable shift in the dispute between the US administration and the judiciary, President Donald Trump sharply attacked the Supreme Court’s decision to cancel the comprehensive customs duties that he had imposed, describing the ruling as “very disappointing” and “ridiculous,” while at the same time stressing that he had “alternative options.”
Trump explained that the tariffs represent a “national security” issue at its core, noting that he imposed them “to restore greatness to the United States.” In clear defiance of the court’s ruling, he announced his intention to impose a new comprehensive tariff of 10% on US trading partners.
He added, “Today’s Supreme Court decision made the president’s ability to regulate trade and impose customs duties stronger and clearer, and not the other way around,” stressing that all duties related to national security and based on Article 301 will remain in effect.
Trump also expressed skepticism about the motives of the ruling, believing that the court was “influenced by foreign interests,” asking: “How can I destroy any country or economy, and not impose a tariff on another country?” he said. He believed that some countries are “very happy” with the decision at the present time, but he warned that “their joy will not last long.”
It is noteworthy that the Supreme Court had canceled, earlier on Friday, the comprehensive customs duties imposed by Trump under the Emergency Powers Law, with a decision issued by a majority of 6 judges against 3 opponents, which represents a major setback for his economic plans.
The ruling focused on “reciprocal” duties that included almost all countries, considering that the Constitution gives Congress the power to impose taxes and customs duties. Chief Justice John Roberts wrote that the framers of the Constitution “did not give the executive branch any taxing power.”
On the other hand, Justice Brett Kavanaugh opined in a dissent that the fees in question “may or may not be a wise policy, but they are clearly legitimate according to the text, history, and case law.”
In their decision, the majority of judges did not address the issue of the possibility of companies recovering the amounts they previously paid in customs duties, which are estimated at billions of dollars.
This decision appears to open the door to a new round of political and judicial confrontations, in light of the escalation of controversy in the United States about the limits of executive powers in managing trade policy.
