Kavanaugh Says Other Laws Enable Trump to Impose Tariffs

He pointed to statutes such as the Trade Act of 1974, which lets the president lay tariffs to address trade imbalances.

Associate Supreme Court Justice Brett Kavanaugh poses for the official photo at the Supreme Court in Washington on Oct. 7, 2022. Olivier Douliery/AFP via Getty Images

While a majority of the Supreme Court held on Feb. 20 that President Donald Trump cannot impose tariffs using the International Emergency Economic Powers Act (IEEPA), Justice Brett Kavanaugh said that he might be able to do so using other laws.

“Although I firmly disagree with the court’s holding today, the decision might not substantially constrain a president’s ability to order tariffs going forward,” Kavanaugh wrote in a dissenting opinion that was joined by Justices Samuel Alito and Clarence Thomas.