Supreme Court Justices Divide Over Trump-Biden Tariff Treatment

Feb 22, 2026, 2:25 AM
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The Supreme Court's recent ruling against former President Donald Trump's tariffs has sparked significant debate among justices, particularly regarding how they apply legal principles differently to presidents from opposing parties. Conservative Justice Neil Gorsuch was notably critical of his colleagues, arguing that they inconsistently approached presidential power assertions made by Trump compared to those made by President Joe Biden.
In a 6-3 ruling, the court struck down most of Trump's tariffs, with Gorsuch writing a separate 46-page opinion that chastised the court for its inconsistency. He asserted that the justices were effectively applying the same legal precedents differently depending on the president involved, describing it as an "interesting turn of events." Gorsuch's focus was on the "major questions doctrine," which restricts presidential actions that lack specific congressional authorization.
The conservative majority of the court, including Gorsuch, Justice Amy Coney Barrett, and Chief Justice John Roberts, found that Trump's tariffs should have been approved by Congress. In contrast, Justices Clarence Thomas, Brett Kavanaugh, and Samuel Alito dissented, indicating a split among conservative justices on this issue.
Legal experts noted the internal discord within the court following this ruling. Robin Effron, a law professor, remarked that Roberts' majority opinion seemed intended to attract unanimous support but ended up demonstrating significant internal disagreement among the justices. The division was evident as even justices who agreed with the ruling did not fully endorse Roberts' application of the major questions doctrine, raising uncertainties about its future use.
The court's three liberal justices, who have previously criticized the major questions doctrine, also participated in the majority ruling against Trump without endorsing the theory itself. Gorsuch pointed out the contradictions among his colleagues, noting that those who had previously criticized the doctrine did not object to its application in this case, while some conservative dissenters had supported the doctrine in earlier decisions.
Justice Elena Kagan, one of the liberal justices, humorously responded to Gorsuch's critique, asserting that she does not support the major questions doctrine, which Gorsuch has championed. This exchange highlights the underlying tensions and differing interpretations of judicial philosophy among the justices.
Some legal commentators have observed that the dissenting conservatives are also guilty of contradictions. Ilya Somin, a law professor involved in the legal challenge against the tariffs, argued that Kavanaugh's reasoning for exempting tariffs from the major questions doctrine due to foreign affairs considerations lacked justification and appeared arbitrary.
Looking at the broader implications, Jonathan Adler, a law professor, emphasized that the court's ruling against Trump underscores its willingness to define the boundaries of executive power, a significant outcome given the uncertainties surrounding Trump-era policies.
This ruling marks a pivotal moment in the court's relationship with Trump, as it represents a significant defeat for the former president following a series of favorable decisions during his administration. The internal conflicts among justices, particularly regarding how to interpret executive power, suggest that future cases involving presidential authority may face similar scrutiny.
As the legal landscape continues to evolve, the Supreme Court's decisions will likely play a crucial role in shaping the balance of power between Congress and the presidency, particularly in cases involving broad executive actions.
The recent tariff ruling not only reflects the current justices' differing philosophies but also raises questions about the court's future direction in handling executive authority across partisan lines.

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