President Donald Trump attends a ceremony in Florida to dedicate the renaming of a 4-mile stretch of Southern Boulevard in Palm Beach County to "President Donald J. Trump Boulevard" on Jan. 16, 2026. (Julia Demaree Nikhinson/AP Photo)
"Conservatives don't like tariffs as a long-term strategy," the second House Republican said. "The president was right to use them as a tool, and he was right to use them to get outcomes on certain things. But in a long-term way…it's a tax on consumers."
The conservative-majority high court ruled on Friday that Trump did not have the authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA). The White House’s interpretation of the 1977 law was used as the basis for sweeping "Liberation Day" tariffs that Trump first unveiled last year.
But Chief Justice John Roberts argued that the law would have more expressly mentioned tariff authority if that is what it was meant for.
Roberts said "the president must 'point to clear congressional authorization' to justify his extraordinary assertion of the power to impose tariffs," which "he cannot."
TRUMP'S TARIFF BOOM HITS RECORD HIGHS AS SUPREME COURT SHOWDOWN LOOMS
The ruling, and subsequent wave of relief, isn’t the first time Republicans have bucked Trump and his tariffs. The Senate on several occasions has voted against specific parts of the strategy, and the House voted last week to end Trump’s emergency declaration on Canada aimed at ending tariffs there.
"Article One gives tariff authority to Congress. This was a common sense and straightforward ruling by the Supreme Court. I feel vindicated as I’ve been saying this for the last 12 months," Rep. Don Bacon, R-Neb., one of six House Republicans who voted against the Canada tariffs last week, told Fox News Digital. "Besides the Constitutional concerns I had on the Administration’s broad-based tariffs, I also do not think tariffs are smart economic policy. Broad-based tariffs are bad economics."
Chairman Sen. Rand Paul speaks during a Senate Homeland Security and Governmental Affairs hearing on Capitol Hill on January 15, 2025, in Washington, D.C. (Andrew Harnik/Getty Images)
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Sen. Roger Marshall, R-Kan., told Fox News Digital that he was disappointed by the decision, but not surprised, and noted that the court was divided on the issue.
"President Trump’s tariffs were delivering results — bringing our trading partners to the table, securing ten trade agreements, and driving supply chains and manufacturing back to the United States," Marshall said. "These tools were also advancing our national security interests, including pressuring countries like India to stop purchasing Russian oil."
A third House Republican granted anonymity to speak candidly told Fox News Digital the Supreme Court decision was "a severe blow" because the tariffs "were making progress that we finally have on fair trade."
Elizabeth Elkind is a politics reporter for Fox News Digital leading coverage of the House of Representatives. Previous digital bylines seen at Daily Mail and CBS News.
Follow on Twitter at @liz_elkind and send tips to elizabeth.elkind@fox.com
https://www.foxnews.com/politics/tariffs-suck-some-republicans-privately-celebrate-supreme-court-blocks-trump-policy