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When the people fear their government, there is tyranny.
When the government fears the people, there is liberty.
-- Thomas Jefferson

During times of universal deceit, telling the truth
becomes a revolutionary act.  -- George Orwell

First they ignore you, then they ridicule you, then they
fight you, then you win.  -- Mahatma Gandhi

Sadly, Judges of the Supreme Court appear to be against tariffs. This is a serious problem

Posted on | November 5, 2025 | 1 Comment

Key Indications from the JusticesThe bench was “hot” and bipartisan, with a majority (including conservatives) expressing deep skepticism toward the administration’s claim that tariffs are mere “regulatory” measures on foreign commerce rather than taxes. Solicitor General D. John Sauer faced tough questioning, insisting revenue generation was “incidental,” but justices repeatedly equated tariffs to taxes infringing on Congress’s core authority under the Constitution.

No justice voiced clear support for the full scope of Trump’s authority; instead, they probed historical precedent, statutory text (IEEPA doesn’t mention “tariffs”), and doctrines like major questions and non-delegation.

Justice
Key Indication
Implication
John Roberts (C)
Tariffs are “imposition of taxes on Americans… always… a core power of Congress”; invoked major questions doctrine, noting no explicit congressional grant for such “major authority.”

Signals likely application of conservative-favored doctrines against Trump, potentially invalidating tariffs.
Amy Coney Barrett (C, Trump appointee)
Challenged if “regulate” imports includes tariff power; no other U.S. code uses “regulate” for taxes; noted refunds could create “a mess” but didn’t defend policy.

Highlights textualism/originalism concerns; her questions suggest openness to striking down the tariffs despite practical fallout.
Neil Gorsuch (C)
Questioned if presidents could declare emergencies for climate change (Sauer conceded “probably”); called tariffs a “one-way ratchet” bypassing Congress.

Reinforces non-delegation worries; aligns with his past dissents on executive overreach in taxation.
Brett Kavanaugh (C, Trump appointee)
Noted “odd donut hole” in statute (bans trade but not low tariffs?); defended some precedent (e.g., Nixon’s 10% tariff) but pressed on limits; may view major questions as inapplicable to foreign affairs.

Most administration-friendly but still skeptical; could be swing vote for partial uphold (e.g., targeted tariffs only).
Sonia Sotomayor (L)
“You say tariffs are not taxes, but that’s exactly what they are”; questioned emergency basis (e.g., 10% Canada tariff over a World Series ad).

Echoed liberal view of economic harm to Americans; reinforces bipartisan tax framing.
Other Conservatives (Thomas, Alito)
Fewer questions but joined Gorsuch in past non-delegation concerns; no strong pro-tariff signals.

scotusblog.com
Likely align with Roberts/Barrett on constitutional limits.
Liberals (Kagan, Jackson)
Echoed tax/affordability critiques; Kagan probed historical use of IEEPA.

nytimes.com
Firmly against; bolster majority skepticism.
Category: Uncategorized

Comments

One Response to “Sadly, Judges of the Supreme Court appear to be against tariffs. This is a serious problem”

  1. Alan Bloch
    November 5th, 2025 @ 1:34 pm

    It isn’t a problem, except for Trump. The President cannot exercise powers that he doesn’t have, as conservatives claimed repeatedly during Biden’s presidency. And Trump shoots himself in the foot by saying how much money comes from tariffs, which totally undercuts the argument about regulation.

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