While the majority limited Trump’s tariff authority, Kavanaugh called the decision “illogical” and warned of potential financial consequences.
US President Donald Trump praised Supreme Court Justice Brett Kavanaugh after the justice dissented in a landmark ruling limiting Trump’s tariff authority.
In a post on his Truth Social platform Saturday morning, Trump wrote: “My new hero is United States Supreme Court Justice Brett Kavanaugh and, of course, Justices Clarence Thomas and Samuel Alito.” He added, “There is no doubt in anyone’s mind that they want to, MAKE AMERICA GREAT AGAIN!”
All three conservative justices were in the minority in the court’s 6–3 decision.
The ruling rejected Trump’s effort to impose broad import levies by declaring national emergencies related to illicit drug flows and trade deficits, curbing his attempt to bypass Congress.
Kavanaugh calls ruling “illogical”
Justice Brett Kavanaugh authored a dissent criticizing the majority’s interpretation of the law.
“As they interpret the statute, the President could, for example, block all imports from China but cannot order even a $1 tariff on goods imported from China,” Kavanaugh wrote. “That approach does not make much sense.”
He also warned the decision could trigger major financial consequences.
“The United States may be required to refund billions of dollars to importers who paid the IEEPA tariffs,” Kavanaugh wrote, adding that the refund process is likely to be a “mess.”
Trump’s emergency justification rejected
Trump had invoked the IEEPA, arguing that illicit drugs from China, Mexico, and Canada — along with the US trade deficit — constituted national emergencies requiring immediate action.
By relying on emergency powers, Trump sought to impose tariffs without congressional approval, asserting executive authority to protect national security and economic interests.
This time, he cited Section 122 of the Trade Act of 1974 as the legal basis for the new tariff, signaling a shift in strategy after the court blocked his use of IEEPA authority.