WASHINGTON (AP) 鈥� struck down President Donald Trump’s on Friday, handing him a stinging loss that sparked a furious attack on the court he helped shape.
Trump said he was 鈥渁bsolutely ashamed鈥� of some justices who ruled 6-3 against him, calling them 鈥渄isloyal to our Constitution” and 鈥渓apdogs.” At one point he even raised the specter of foreign influence without citing any evidence.
The decision could have ripple effects on economies around the globe after Trump’s moves to remake post-World War II trading alliances by wielding tariffs as a weapon.
But an unbowed Trump pledged to impose a new global 10% tariff under a law that’s restricted to 150 days and has never been used to apply tariffs before.
鈥淭heir decision is incorrect,鈥� he said. 鈥淏ut it doesn鈥檛 matter because we have very powerful alternatives.鈥�
The court’s ruling found tariffs that Trump imposed under an emergency powers law were unconstitutional, including the sweeping 鈥渞eciprocal鈥� tariffs he levied on nearly every other country.
Trump appointed three of the justices on the nation鈥檚 highest court during his first term, and has scored a series of short-term wins that have allowed him to move ahead with key policies.
Tariffs, though, were the first major piece of to come squarely before the Supreme Court for a final ruling, after lower courts had also sided against the president.
The majority found that it is unconstitutional for the president to unilaterally set and change tariffs because taxation power clearly belongs to Congress. 鈥淭he Framers did not vest any part of the taxing power in the Executive Branch,鈥� Chief Justice John Roberts wrote.
Justices Brett Kavanaugh, Samuel Alito and Clarence Thomas dissented.
鈥淭he tariffs at issue here may or may not be wise policy. But as a matter of text, history, and precedent, they are clearly lawful,鈥� Kavanaugh wrote. Trump praised his 63-page dissent as 鈥済enius.鈥�
The court majority did not address whether businesses could get refunded for the billions they have collectively paid in tariffs. Many companies, including the big-box warehouse chain Costco, have already lined up in lower courts to demand refunds. Kavanaugh noted the process could be complicated.
鈥淭he Court says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers. But that process is likely to be a 鈥榤ess,鈥� as was acknowledged at oral argument,鈥� he wrote.
The Treasury had collected more than $133 billion from the import taxes the president has imposed under the emergency powers law as of December, shows. The impact over the next decade has been estimated at some $3 trillion.
The tariffs decision doesn鈥檛 stop Trump from imposing duties under other laws. Those have more limitations on the speed and severity of Trump鈥檚 actions, but the president said they would still allow him to 鈥渃harge much more鈥� than he had before.
Vice President JD Vance called the high court decision 鈥渓awlessness鈥� in a post on X.
Questions about what Trump can do next
Still, the ruling is a 鈥渃omplete and total victory” for the challengers, said Neal Katyal, who argued the case on behalf of a group of small businesses.
鈥淚t鈥檚 a reaffirmation of our deepest constitutional values and the idea that Congress, not any one man, controls the power to tax the American people,鈥� he said.
It wasn鈥檛 immediately clear how the decision restricting Trump鈥檚 power to unilaterally set and change tariffs might affect trade deals with other countries.
鈥淲e remain in close contact with the U.S. Administration as we seek clarity on the steps they intend to take in response to this ruling,鈥� European Commission spokesman Olof Gill said, adding that the body would keep pushing for lower tariffs.
The Supreme Court ruling comes after victories on the court鈥檚 emergency docket have allowed Trump to push ahead with extraordinary flexes of on issues ranging from immigration enforcement to major federal funding cuts.
The Republican president had long been vocal about the tariffs case, calling it one of the most important in U.S. history and saying a ruling against him would be an economic body blow to the country. But legal opposition crossed the political spectrum, including libertarian and pro-business groups that are typically aligned with the GOP. Polling has found with the public, amid wider voter concern about affordability.
While the Constitution gives Congress the power to levy tariffs, the Trump administration argued that a 1977 law allowing the president to regulate importation during emergencies also allows him to set import duties. Other presidents have used the law dozens of times, often to impose sanctions, but Trump was the first president to invoke it for tariffs.
鈥淎nd the fact that no President has ever found such power in IEEPA is strong evidence that it does not exist,鈥� Roberts wrote, using an acronym for the International Emergency Economic Powers Act.
Trump set what he called on most countries in April 2025 to address trade deficits that he declared a national emergency. Those came after he imposed , ostensibly to address a drug trafficking emergency.
A series of lawsuits followed, including a case from a dozen largely Democratic-leaning states and others from small businesses selling everything from plumbing supplies to women鈥檚 cycling apparel.
The challengers argued the emergency powers law doesn鈥檛 even mention tariffs and Trump’s use of it fails several legal tests, including one that doomed $500 billion student loan forgiveness program.
Justices reject use of emergency powers for tariffs
The three conservative justices in the majority pointed to that principle, which is called the major questions doctrine. It holds that Congress must clearly authorize actions of major economic and political significance.
鈥淭here is no exception to the major questions doctrine for emergency statutes,鈥� Roberts wrote. The three liberal justices formed the rest of the majority, but didn’t join that part of the opinion.
The Trump administration had argued that tariffs are different because they鈥檙e a major part of Trump鈥檚 approach to foreign affairs, an area where the courts should not be second-guessing the president.
But Roberts, joined by Justices Neil Gorsuch and Amy Coney Barrett, brushed that aside, writing that the implications for international relations don’t change the legal principle.
Small businesses celebrated the ruling, with the National Retail Federation saying it provides 鈥渕uch needed certainty.鈥�
Illinois toy company Learning Resources was among the businesses challenging the tariffs in court. CEO Rick Woldenberg said he expected Trump’s new tariffs but hoped there might be more constraint in the future, both legal and political. 鈥淪omebody鈥檚 got to pay this bill. Those people that pay the bill are voters,鈥� he said.
Anne Robinson, who owns Scottish Gourmet in Greensboro, North Carolina, said she was 鈥渄oing a happy dance鈥� when she heard the news.
The 10% baseline tariff on U.K. goods put pressure on Robinson鈥檚 business, costing about $30,000 in the fall season. She鈥檚 unsure about the Trump administration鈥檚 next steps, but said she鈥檚 overjoyed for now. 鈥淭ime to schedule my 鈥楽ay Goodbye to Tariffs’ Sale!鈥�
___
This story was first published on Feb. 20, 2026. It was updated on Feb. 21, 2026, to correct the spelling of the name of Anne Robinson, not Ann Robinson.
___
Associated Press writers Mae Anderson and Steve Peoples in New York, Mark Sherman in Washington and David McHugh in Frankfurt contributed to this report.
___
Follow the AP’s coverage of the U.S. Supreme Court at .
Copyright © 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.
