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In a dramatic and tension-filled State of the Union address, former President Donald Trump confronted several Supreme Court justices who had recently ruled against his tariff policies. This rare face-off between the executive and judicial branches unfolded before a global audience as the justices, seated in the front row, were compelled to maintain composed expressions while Trump criticized the court’s decision.
A frosty front row
Just days after the Supreme Court’s 6-3 ruling against his extensive tariff measures, Trump expressed his dissatisfaction immediately following polite handshakes with the attending justices. Among those present were Chief Justice John Roberts and Justice Amy Coney Barrett, both appointed by Republicans, who had joined the court’s liberal members in opposing Trump’s policies. Also in attendance were Justice Elena Kagan, appointed by Barack Obama, and Justice Brett Kavanaugh, a Trump appointee who dissented from the majority decision.
Fools and lapdogs
Despite the ruling, Trump insisted that many countries and businesses have chosen to adhere to the initial agreements made with the United States. He warned that he could impose even harsher tariffs if necessary, claiming they would rather continue under the original terms than negotiate a less favorable deal. “Therefore, they will continue to work along the same successful path that we had negotiated before the Supreme Court’s unfortunate involvement,” Trump asserted.
Judicial rebuke
The rejection comes despite the President having the benefit of a conservative majority. He appointed three Supreme Court Justices in his first term – Neil Gorsuch, Kavanaugh and Barrett. Despite the Court’s 6-3 rightward lean, Gorsuch and Barrett ruled against the President on Friday, while Kavanaugh penned the dissent in support of Trump. The president was furious. He claimed that ‘foreign influence’ and political machinations scared the justices into ruling against him. He called an emergency press briefing at the White House where he called Amy Comey Barrett and Neil Gorsuch traitors and an ’embarrassment to their families.’ He said he was ‘ashamed’ of them and claimed they were ‘disloyal to the Constitution.’
Trump complained that conservative justices are not as loyal as liberal ones are to Democratic presidents. The Court ruled that Trump was overreaching his executive powers when it came to the International Emergency Economic Powers Act (IEEPA). During his fifth State of the Union address to a joint session of Congress on Tuesday evening, Trump had the chance see in-person four Supreme Court justices for the first time since that ruling. At the Friday press conference, Trump glowed about Justice Kavanaugh – the lone justice he picked who ruled the tariffs should stay in place. He was joined in the dissent by conservative Justices Clarence Thomas and Samual Alito, who is rumored to be considering stepping down before the end of the current president’s term so Trump gets yet another pick. With a 6-3 conservative majority on the court – and three being trump picks – it was hard to imagine an instance where the current president faced dissent on one of his policies.
He said as much during his tirade in the James S. Brady Press Briefing Room on Friday. ‘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,’ the president said before taking questions. ‘It’s my opinion that the court has been swayed by foreign interests and a political movement that is far smaller than people would ever think,’ he alleged without proof. The president also spun the legal defeat into a win, saying that now he has a greater ability to regulate trade.
‘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,’ Trump said. ‘I don’t think they meant that.’ The president continued to tear into the conservative justices on Truth Social that day, accusing Gorsuch and Barrett of voting against Republicans ‘and never against themselves.’ ‘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 — But we won’t let it happen. The new TARIFFS, totally tested and accepted as Law, are on their way!’ Trump continued. On Monday, he said on social media that he would refer to the highest US court with lowercase letters because he doesn’t have respect for them.