President Donald Trump arrives to speak about the economy at a rally Tuesday, Jan. 27, 2026, in Clive, Iowa. (Charlie Neibergall/AP Photo)
"As they interpret the statute, the President could, for example, block all imports from China but cannot order even a $1 tariff on goods imported from China," Kavanaugh wrote. "That approach does not make much sense."
Kavanaugh asserted that the IEEPA "does not draw such an odd distinction between quotas and embargoes on the one hand and tariffs on the other," but rather empowers the president to regulate imports during national emergencies using tools such as quotas, embargoes and tariffs.
President Donald Trump during a "Make America Wealthy Again" trade announcement event in the Rose Garden at the White House on April 2, 2025, in Washington, D.C. (Chip Somodevilla/Getty Images)
The justice added that the court’s decision may, however, have substantial interim effects.
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"The United States may be required to refund billions of dollars to importers who paid the IEEPA tariffs, even though some importers may have already passed on costs to consumers or others," Kavanaugh wrote. "As was acknowledged at oral argument, the refund process is likely to be a ‘mess.’"
He added that the high court’s decision could "generate uncertainty" regarding what the government has said were trade deals worth trillion of dollars with foreign nations, including with China, the United Kingdom and Japan.
Trump on Saturday raised the global tariff to 15% — up from the 10% global tariff he announced Friday in the wake of the Supreme Court ruling. He cited Section 122 of the Trade Act of 1974 in announcing the new levy.
https://www.foxnews.com/politics/trump-reveals-his-new-hero-supreme-court-justice-after-tariffs-ruling