Yes, the Supreme Court struck down Trump’s Tariffs, but, do they deserve a cookie for doing the right thing?
Josh Marshall Says Absolutely Not.
Don’t Be Fooled By the Corrupt Court’s Tariff Decision
02.20.26 | 11:40 am
The depth of the Supreme Court’s corruption has forced us to find new language to describe its actions. Today’s decision, undoing Trump’s massive array of tariffs that upended the global financial system, is a case in point.
We say the Court “struck down” these tariffs. But that wording is inadequate and misleading. These tariffs were always transparently illegal. Saying the actions were “struck down” suggests at least a notional logic which the Court disagreed with, or perhaps one form of standing practice and constitutional understanding away from which the Court decided to chart another course. Neither is remotely the case. There’s no ambiguity in the law in question. Trump assumed a unilateral power to “find” a national emergency and then used this (transparently fraudulent) national emergency to exercise powers the law in question doesn’t even delegate. It is, among other things, an example of the central tenet of current conservative jurisprudence: to determine what law or constitution would require if words had no meaning. We could go into the further digression over whether Congress could “delegate” such powers, given the Constitution’s clarity on congressional authority over tariffs or whether any purported ambiguity in the law invokes yet another of the corrupt Court’s made-up doctrines. But doing so would be nothing more than ceding to the Court an authority to compel us to expend time exploring the vaporous logical intricacies of its bullshit doctrines.
It’s tempting to see this decision as some big win. And it is a win to the extent that it’s better that a rogue president be barred from illegal acts than permitted to continue them. But it’s a mistake to imagine that the Court is any less corrupt on the evidence of this decision.
This is a case where the legal merits of the President’s action were just too transparently bogus even for this Court to manage and — critically — his actions and the theories undergirding his claims to the power were, for the Corrupt majority, inconvenient. The architect of the current Court — the Federalist Society’s Leonard Leo — was behind the litigation that undid the tariffs. That tells you all you need to know. In this case Trump’s claim to power was neither in the interests of the Republican Party — the Court’s chief jurisprudential interest — nor any of their anti-constitutional doctrines. So of course they tossed it out. This may sound ungenerous. It’s simple reality.
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