Justices of the US Supreme Court pose for their official photo at the Supreme Court in Washington, DC on October 7, 2022. (Seated from left) Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Samuel Alito and Associate Justice Elena Kagan, (Standing behind from left) Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh and Associate Justice Ketanji Brown Jackson. (Photo by OLIVIER DOULIERY / AFP) (Photo by OLIVIER DOULIERY/AFP via Getty Images)

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Mandy Taheri

By Mandy Taheri

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President Donald Trump praised the three U.S. Supreme Court justices who dissented from the ruling that struck down his sweeping tariffs in a Saturday Truth Social post, hours after he blasted the majority in comments and social media posts, including criticism of conservative justices who sided against him.

Why It Matters

A majority of justices ruled that Trump had overreached in his presidential authority by unilaterally imposing tariffs under national emergency powers. The bench currently has a 6-3 conservative majority and has ruled in favor of the Trump administration on many key issues, including immigration enforcement and cuts at federal government agencies. Trump appointed three of the justices during his first term.

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Friday’s decision was focused on tariffs enacted through the International Emergency Economic Powers Act (IEEPA), which has been a core pillar of Trump's economic policy since he took office last January. Trump has repeatedly announced, imposed, paused and reinstated a slew of tariffs at varying rates on U.S. trading partners to curb immigration, drug trafficking, and reduce trade deficits.

In addition to criticizing the judges, Trump told reporters in the White House briefing room on Friday, "It's my opinion that the [Supreme] court has been swayed by foreign interests and a political movement that is far smaller than people would ever think.”

President Donald Trump speaks during a press briefing at the White House on February 20 in Washington, DC. (Photo by Chen Mengtong/China News Service/VCG via AP).

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How Did the Court Rule on Trump's Tariffs?

The Constitution grants Congress the power to levy tariffs, and Trump's use of emergency powers prompted a wave of lawsuits challenging his authority. In the majority opinion of Learning Resources Inc. v. Trump, Chief Justice John Roberts said the Constitution “very clearly” assigns the power to impose taxes—including tariffs—to Congress, not the president.

“The Framers did not vest any part of the taxing power in the Executive Branch,” Roberts wrote.

Roberts was joined by conservative Justices Neil Gorsuch and Amy Coney Barrett, both nominated by Trump, along with all three liberal justices, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.

The ruling concludes: "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."

Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh dissented. Kavanaugh, also nominated by Trump, wrote the tariffs were “clearly lawful” under existing precedent.

Kavanaugh wrote in the dissent: “The tariffs at issue here may or may not be wise policy. But as a matter of text, history, and precedent, they are clearly lawful."

What Has Trump Said About the Justices

The conservative justices, especially, drew the ire of Trump on Friday afternoon. When asked if he regretted nominating Gorsuch and Barrett to the bench, the president said he "wasn't going to answer that," but said they are an "embarrassment to their families."

He also said, “I’m ashamed of certain members of the court, absolutely ashamed, for not having the courage to do what’s right for our country,” in reference to the majority justices.

Justices of the US Supreme Court pose for their official photo at the Supreme Court in Washington, DC on October 7, 2022. (Seated from left) Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Samuel Alito and Associate Justice Elena Kagan, (Standing behind from left) Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh and Associate Justice Ketanji Brown Jackson. (Photo by OLIVIER DOULIERY / AFP) (Photo by OLIVIER DOULIERY/AFP via Getty Images)

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Trump was also asked if the dissenting justices were still invited to his State of the Union Address next week. He responded, "just barely." He added, "I couldn't care less if they come."

In a Friday evening Truth Social post, he wrote: “Those members of the Supreme Court who voted against our very acceptable and proper method of TARIFFS should be ashamed of themselves. Their decision was ridiculous but, now the adjustment process begins, and we will do everything possible to take in even more money than we were taking in before!”

In another post, he wrote, "What happened today with the two United States Supreme Court Justices that I appointed against great opposition, Neil Gorsuch and Amy Coney Barrett, whether people like it or not, never seems to happen with Democrats. They vote against the Republicans, and never against themselves, almost every single time, no matter how good a case we have."

The post continued, **"**At least I didn’t appoint Roberts, who led the effort to allow Foreign Countries that have been ripping us off for years to continue to do so.”

On Saturday, Trump shifted to praise the three justices who dissented and would have upheld his tariff authority. In a Truth Social post, he wrote: “My new hero is United States Supreme Court Justice Brett Kavanaugh and, of course, Justices Clarence Thomas and Samuel Alito. There is no doubt in anyone’s mind that they want to, MAKE AMERICA GREAT AGAIN!”

In another Saturday post, he called the court's ruling an "extraordinarily anti-American decision."

Supreme Court Justice Brett Kavanaugh poses for a new group portrait at the Supreme Court building in Washington, Oct. 7, 2022.  (AP Photo/J. Scott Applewhite, File)

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What People Are Saying

The Wall Street Journal Editorial Board said in a Friday opinion piece: “President Trump owes the Supreme Court an apology—to the individual Justices he smeared on Friday and the institution itself. Mr. Trump doubtless won’t offer one, but his rant in response to his tariff defeat at the Court was arguably the worst moment of his Presidency.

Senator Amy Klobuchar, a Minnesota Democrat, said in an X post Friday: “President Donald Trump calling Supreme Court justices ‘lapdogs,’ ‘unpatriotic,’ and accusing them of foreign influence simply for upholding the law is outrageous. It’s simple: the tariffs are illegal. The chaos before and after this decision rests solely with him.”

Senator Rand Paul, a Kentucky Republican, said in an X post sharing part of Justice Gorsuch's remarks: "For anyone putting loyalty to a person above loyalty to the Constitution, Justice Gorsuch’s remarks should be required reading. His words are a reminder that our highest duty is to the rule of law and the founding principles that define America."

Former Vice President Mike Pence said in an X post on Friday: "Today’s 6-3 ruling by the Supreme Court is a Victory for the American People and a Win for the Separation of Powers enshrined in the Constitution of the United States...With this historic decision, America can now return to the pursuit of Free Trade with Free Nations under the Constitution of the United States!"

Former Representative Justin Amash, a Michigan Republican, said in an X post: "Putting Gorsuch on the Supreme Court remains Trump’s single greatest accomplishment as president."

X account "Republicans Against Trump" said in a post on Friday: "This is INSANE. Trump has accused the Supreme Court majority, which includes two justices he nominated, of being 'fools, lapdogs' and 'very unpatriotic,' a 'disgrace to our nation,' and has repeatedly claimed their decision was influenced by 'foreign interests.' This is far worse than what most far-left radical activists have ever said about SCOTUS, yet the vast majority of Republicans in Congress will say nothing in defense of the Supreme Court. Disgraceful."

Ian Bremmer, political scientist and founder of Eurasia Group, said in an X post Friday: "president trump’s criticisms of the fed and supreme court would land more convincingly if he hadn’t appointed any of them…"

What Happens Next

Trump wrote in a Saturday Truth Social post that as president “effective immediately," he will raise "the 10% Worldwide Tariff on Countries, many of which have been 'ripping' the U.S. off for decades, without retribution (until I came along!), to the fully allowed, and legally tested, 15% level.”

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