‘Rule of Law Is Alive and Well’: Law Professor’s SCOTUS Take Deals Blow to Dems’ Tariff Narrative

On Friday, we reported that the Supreme Court has struck down, to a degree, some of President Trump’s tariff regime, which he says was necessary to impose on countries the world over who have been “ripping off” the U.S. for decades. Naturally, the Democrat-left media and Democrats themselves portrayed it as a ‘massive loss’ for Trump…which is par for the course. To them, it’s never ‘country first’ or ‘what’s best for the country.’ They frame every single issue as opposing Trump, no matter what, and no matter if harming him also harms our country.

Rest assured, George Washington University Law School professor and legal expert Jonathan Turley has stated that this situation is far from resolved. The administration still has the option to implement tariffs using other legal frameworks:

JONATHAN TURLEY: "There's a lot of runway still for the administration…"

"The administration has other tools in its toolbox. It CAN actually impose tariffs under other statutes!" https://t.co/xGN3evQLch pic.twitter.com/Kya76PnD6y

— Townhall.com (@townhallcom) February 20, 2026

“The administration has other tools in its toolbox. It can actually impose tariffs under other statutes,” he said. Turley also said there’s plenty of runway for the Trump White House in this area of economic policy.

So it’s a setback, for sure, but not one that is insurmountable by any means.

The Court’s ruling applies only to tariffs imposed under IEEPA.
The decision does NOT invalidate tariffs imposed under other statutes (e.g., Section 232 or Section 301). It holds only that IEEPA does not authorize the President to impose tariffs.

— SCOTUS Wire (@scotus_wire) February 20, 2026

From Reuters:

In a 6-3 decision, the Court stated that the president cannot impose tariffs under the International Emergency Economic Powers Act. Chief Justice John Roberts and Justices Neil Gorsuch and Amy Coney Barrett aligned with the liberal justices, while Clarence Thomas, Samuel Alito, and Brett Kavanaugh dissented:

The decision affirms critics’ arguments that tariffs function as taxes and that the Constitution vests the power to levy taxes in Congress, not the president. The ruling could significantly reshape trade policy by forcing future administrations to seek legislative approval before imposing sweeping tariffs under emergency powers.

The Trump administration argued that the IEEPA emergency powers are intentionally broad so the president can respond quickly to national emergencies, and that restricting his power would weaken leverage in negotiations and national-security disputes. That was the worry expressed by Treasury Secretary Scott Bessent, according to Reuters.

The fact that Trump has plenty of other authority – granted by Congress – to impose additional tariffs through other means isn’t going to please the Democrat-Media Complex. But then again, they are addled with Trump Derangement Syndrome, so nothing he does makes them happy.