Trump attacks Supreme Court over tariff decision, announces new 10% global tariff

Asked about the status of trade deals that were negotiated and set rates for tariffs under IEEPA, Mr. Trump said some of them will stand but others will not and will be replaced. 

He also addressed Tuesday’s State of the Union, which some members of the Supreme Court typically attend.

The three in the dissent, he said, are “happily invited.” But he said the six in the majority are “barely invited. Honestly, I couldn’t care less if they come.”

Alito and Thomas have not attended States of the Union for the past several years.

Mr. Trump said he was “surprised” by the Supreme Court’s decision, insisting he read everything he could about the case and didn’t see how they could lose. 

“I read the paragraphs,” he said. “I read very well. Great comprehension. I read everything there is to read and I said, ‘Can’t lose this case.’ But we can when judges are political, when they want to be politically correct.” 

Mr. Trump condemned the Supreme Court for not addressing the issue of potential refunds for importers that have paid tariffs. He said he believes the matter will be litigated for years.

“Wouldn’t you think they would’ve put one sentence in there?” he said of the majority’s decision. “I guess it has to get litigated for the next two years. So they write this terrible defective decision, totally defective, it’s almost like not written by smart people and what’d they do? They don’t even talk about it.”

Mr. Trump said efforts from companies to secure refunds will be decided by the courts “for the next five years.”

The president was asked to explain what he meant when he said he believes the Supreme Court has been “swayed” by foreign interests. 

“Well, I think that foreign interests are represented by people that I believe have undue influence, they have a lot of influence, over the Supreme Court,” he said. “Whether it’s through fear or respect or friendships, I don’t know. But I know some of the people that were involved on the other side, and I don’t like them. I think they’re real slimeballs.” 

A reporter asked the president if he will ask Congress to approve the tariffs he’s planning to impose under other trade authorities. 

“I don’t need to,” he said. “It’s already been approved. I mean, I would ask Congress and probably get it.” 

A conservative reporter asked the president if he thinks he will get to nominate additional conservative justices later this year. 

“I don’t know, but they’re great justices,” Mr. Trump said. “That’s all I can say. And I hope they’re going to be around a long time.” 

Mr. Trump said existing tariffs imposed under other trade authorities known as Section 232 and Section 301 remain “in full force and effect.” 

He also said he will sign an executive order Friday to impose a 10% global tariff under Section 122 of the Trade Act of 1974, which allows the president to impose a baseline tariff of up to 15% for no more than 150 days to deal with “large and serious” balance-of-payments deficits.

The president also said he will initiate investigations under Section 301 of the Trade Act to protect the country from unfair trading practices from foreign countries and companies. Mr. Trump has invoked that law to impose tariffs before. 

“Going forward, we will be able to take in more money,” he claimed. 

The president claimed the justice who ruled against him actually increased the power and flexibility presidents have to impose tariffs and trade restrictions.

“In actuality, while I am sure that they did not mean to do so, the Supreme Court’s decision today made a president’s ability to both regulate trade and impose tariffs more powerful and more crystal clear, rather than less,” he said. “I don’t think they meant that. I’m sure they didn’t.”

Mr. Trump read from a portion of Kavanaugh’s principal dissent, which said the president could use other statutes to impose tariffs. He called his writing  “genius” and said he was “very proud” of Kavanaugh’s appointment. 

Kavanaugh’s stock, he said, “has gone so up. I’m so proud of him.”

Mr.Trump appointed Kavanaugh to the Supreme Court in 2018 to replace retiring Justice Anthony Kennedy.

The president claimed without evidence that the Supreme Court is “swayed by foreign interests and a  political movement that is far smaller than people would ever think.”

“These people are obnoxious, ignorant and loud,” Mr. Trump said, without identifying the purported movement. “They’re very loud, and I think certain justices are afraid of that. They don’t want to do the right thing. They’re afraid of it.”

Solicitor General John Sauer, who argued the case before the Supreme Court, joined the president for his remarks.

The president appointed three of the six justices in the court’s conservative majority: Kavanaugh, Gorsuch and Barrett. Gorsuch and Barrett ruled against him in the tariff case.

Mr. Trump extended praise for Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh, who dissented from the Supreme Court’s decision striking down his global tariffs.

He thanked the three “for their strength and wisdom and love of our country.”

“There’s no way that anyone can argue against them, there’s no way,” he said. “Foreign countries that have been ripping us off for years are ecstatic. They’re so happy, and they’re dancing in the streets, but they won’t be dancing for long, that I can assure you.”

Mr. Trump began his remarks by expressing his disappointment in the justices who voted against his tariffs, which includes two of the justices he nominated, Barrett and Gorsuch. 

“The Supreme Court’s ruling on tariffs is deeply disappointing and I’m ashamed of certain members of the court, absolutely ashamed, for not having the courage to do what’s right for our country,” he said. 

Referring to “the Democrats on the court,” the president said, “They also are a frankly disgrace to our nation. Those justices. They’re an automatic no. No matter how good a case you have, it’s a no.”

The Supreme Court’s decision crossed ideological lines, with three conservative justices and the court’s three liberals forming a majority to strike down the president’s tariffs:

The majority itself was split, however, with the liberals and conservatives disagreeing about why the tariffs should be struck down. 

Chief Justice John Roberts and Justices Neil Gorsuch and Amy Coney Barrett said the tariffs fail to meet the standard set under the “major questions doctrine,” which states broad assertions of power claimed by the executive branch on issues of political or economic significance must be clearly authorized by Congress. 

Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson — the three liberals — said that ordinary interpretation of the statute was enough to strike down the tariffs.

The ruling came down while the president was meeting with the nation’s governors at the White House. 

Mr. Trump was handed a note while speaking, and announced the tariff decision to the room, according to a governor who was present. He called the decision a “disgrace” and left, the governor said.

The Supreme Court ruled that the International Emergency Economic Powers Act, or IEEPA, does not authorize the president to impose tariffs. The Supreme Court divided 6-3, with Chief Justice John Roberts delivering the opinion for the court. Justices Brett Kavanaugh, Clarence Thomas and Samuel Alito dissented.

“IEEPA contains no reference to tariffs or duties. The Government points to no statute in which Congress used the word ‘regulate’ to authorize taxation. And until now no President has read IEEPA to confer such power,” Roberts wrote in a portion of the decision joined by Justices Neil Gorsuch and Amy Coney Barrett. “We claim no special competence in matters of economics or foreign affairs. We claim only, as we must, the limited role assigned to us by Article III of the Constitution. Fulfilling that role, we hold that IEEPA does not authorize the President to impose tariffs.”

Read more here.