The Free Press
Looking For Love? Free Press Cupid Is Back!
NewslettersSign InSubscribe
Trump’s Tariffs Are Down—but Not Out
President Trump has pledged to revive the tariffs—and the Court may have left the door open. (Aaron Schwartz/Getty Images)
The Supreme Court blocked the president’s most sweeping tariffs. Within hours, he imposed new ones under a different authority.
By Jed Rubenfeld
02.20.26 — U.S. Politics
--:--
--:--
Upgrade to Listen
5 mins
Produced by ElevenLabs using AI narration
90
63

In the first blockbuster of its term, the Supreme Court finally decided the tariffs case—and it struck them down. It’s a major rebuke of President Donald Trump’s signature policy, and its effect will extend to every corner of the economy. Yet Trump has already pledged to revive the tariffs—and the Court may have left the door open.

Not all of Trump’s tariffs were at issue in the case. For example, his industry-specific tariffs remain untouched. Instead, the case invalidated Trump’s country-by-country reciprocal tariffs, which the president imposed on dozens of nations starting last April.

In 170 pages of opinions, the justices were sharply divided. Three conservatives on the Court—John Roberts, Neil Gorsuch, and Amy Coney Barrett—said the challenged tariffs were illegal for one reason. The three liberal justices—Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson—said they were illegal for a different reason. The three remaining conservatives—Brett Kavanaugh, Samuel Alito, and Clarence Thomas—dissented, concluding that the tariffs were lawful.

Continue Reading The Free Press
To support our journalism, and unlock all of our investigative stories and provocative commentary about the world as it actually is, subscribe below.
Annual
$8.33/month
Billed as $100 yearly
Save 17%!
Monthly
$10/month
Billed as $10 monthly
Already have an account?
Sign In
To read this article, sign in or subscribe
Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Tariffs
International
Supreme Court
Comments
Join the conversation
Share your thoughts and connect with other readers by becoming a paid subscriber!
Already a paid subscriber? Sign in

No posts

For Free People.
LatestSearchAboutCareersShopPodcastsVideoEvents
Download the app
Download on the Google Play Store
©2026 The Free Press. All Rights Reserved.Powered by Substack.
Privacy∙Terms∙Collection notice