In a striking decision, Conservative Supreme Court Justice Neil Gorsuch, who was appointed by former President Donald Trump, ruled against the constitutionality of Trump’s tariff initiative. This move seemed to be a direct message to the former president himself.

Justice Gorsuch was joined by fellow Trump appointee Justice Amy Coney Barrett, Chief Justice John Roberts, and the three liberal justices, collectively delivering a significant setback to a key policy from Trump’s proposed second term.

Embedded within the court’s opinion was what appeared to be a pointed message from Gorsuch to Trump, emphasizing the necessity for Congressional involvement in future trade policies, seemingly anticipating Trump’s displeasure with the decision.

Gorsuch opened his opinion by addressing those who advocate for increased tariffs, signaling a broader audience beyond the courtroom.

He acknowledged that the ruling might be disappointing to figures like former President Trump, while underscoring the need to adhere to the legislative process for such measures.

“Yes, legislating can be hard and take time,” Gorsuch wrote. “And, yes, it can be tempting to bypass Congress when some pressing problem arises. But the deliberative nature of the legislative process was the whole point of its design,” he emphasized.

‘Through that process, the Nation can tap the combined wisdom of the people’s elected representatives, not just that of one faction or man.’

He believes that America’s system is the greatest because it gives the highest percentage of its citizens a shot at dictating how the country is run.   

Conservative Supreme Court Justice Neil Gorsuch (pictured) appeared to directly address the president that appointed him within his ruling that Trump’s tariff program was unconstitutional

Hidden in the ruling appears to be a direct lecture from Gorsuch to Trump about how Congress needed to be involved in future trade endeavors

‘In all, the legislative process helps ensure each of us has a stake in the laws that govern us and in the Nation’s future.’

Gorsuch then delivered what appeared to be a final, withering shot at Trump. 

‘For some today, the weight of those virtues is apparent. For others, it may not seem so obvious.’

Trump has continued to criticize Gorsuch and Barrett, slamming the pair in a Truth Social post Friday night.  

‘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,’ he said. 

‘They vote against the Republicans, and never against themselves, almost every single time, no matter how good a case we have.’ 

Trump joked that ‘at least I didn’t appoint’ Chief Justice Roberts, who he called the ringleader. 

The three conservative justices joined all three liberals on the panel to rule against Trump on Friday, handing down a 6-3 decision that rebuked one of the president’s biggest economic proposals of his second term.

He acknowledged that ‘today’s decision will be disappointing’ to the likes of President Trump but that he must use the legislative process

Gorsuch joined fellow Trump appointee Amy Coney Barrett, Chief Justice John Roberts and the three liberal judges in delivering a fatal blow to the president’s signature second term policy

Despite the Court’s rightward lean, it was a rare moment of consensus among conservative justices to go against the president. 

‘I think it’s embarrassment to their families,’ Trump said specifically of his picks Gorsuch and Barrett ruling against his policy.

Meanwhile, Justice Brett Kavanaugh, the third Trump Supreme Court appointee, penned the dissent. He was joined by fellow conservative Justices Samuel Alito and Clarence Thomas.

As Trump tore into the Court, Wall Street celebrated a stock market spike that resulted from the tariff ruling.

In the majority opinion, penned by Roberts, the court said Trump did not have the authority under the International Emergency Economic Powers Act of 1977 to impose tariffs.

Trump had used the law as a legal footing for his widespread tariff policy, which he boasted would enrich the nation.

An estimated $175 billion in tariff revenue is at stake, according to the Penn-Wharton Budget Model, Reuters reported.  

On April 2, he celebrated ‘Liberation Day,’ announcing reciprocal tariffs on nations around the globe – even on uninhabited islands. 

Judge Neil Gorsuch kisses his wife Louise as Donald Trump nominates him to the Supreme Court during a ceremony in the East Room of the White House January 31, 2017

The president used the justification that there was a national emergency due to trade deficits and national security threats. 

As he entered office last year, he imposed tariffs on Mexico, Canada and China over fentanyl flooding into the U.S. 

Trump also used tariffs to threaten other countries, such as dangling a 25 percent tariff on Indian imports due to the country continuing to buy Russian oil.

But Roberts, who was appointed by Republican President George W. Bush, wrote in the ruling that if Congress had intended to allow the president the ‘distinct and extraordinary power to impose tariffs, it would have done so expressly – as it consistently has in other tariff statutes.’ 

The Chief Justice said that the president must ‘point to clear congressional authorization’ to justify his extraordinary assertion of the power to impose tariffs.’ 

‘He cannot,’ Roberts said.  

For months, Trump has publicly pushed the high court to rule in his favor, even flirting with coming to the Court’s chambers to watch oral arguments. 

‘If we don’t win that case, we will be a weakened, troubled financial mess for many, many years to come,’ Trump said in October. 

‘I don’t even know if it is survivable. That’s why I think I’m going to the Supreme Court to watch it. I’ve not done that. And I’ve had some pretty big cases.’

President Donald Trump holds up his list of reciprocal tariffs imposed on ‘Liberation Day’ on April 2, 2025 

Trump ended up not viewing oral arguments, which critics suggested could have raised constitutional questions related to the separation of powers. 

But the president had the benefit of a conservative majority, having appointed three Supreme Court Justices in his first term – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

‘In essence, the Court today concludes that the President checked the wrong statutory box by relying on IEEPA rather than another statute to impose these tariffs,’ Kavanaugh wrote in his dissent.

The decision also said Trump could seek Congressional authorization. 

Trump still retains a Republican majority in the House and the Senate, ahead of this year’s midterm races. Still, he’d likely need to strike a deal with Senate Democrats to get any tariff legislation across the line. 

While the Court gave the administration those avenues to explore, it did not deal in the decision with how to handle tariff refunds. 

That battle will likely play out in the lower courts. 

Meanwhile, Trump responded to the ruling by finding a little-known trade law to reimplement his sweeping tariffs, set to take effect in just days. 

‘It is my Great Honor to have just signed, from the Oval Office, a Global 10% Tariff on all Countries, which will be effective almost immediately. Thank you for your attention to this matter!’ Trump wrote on Truth Social on Friday evening. 

The US Supreme Court building is seen at sunset in Washington DC on February 20, 2026

Trump previously threatened to impose a 10 percent tariff under Section 122 of the Trade Act of 1974, which grants the president the power to impose temporary tariffs. 

The trade law was implemented to address short-term emergencies and does not enact long-term trade policies. 

The tariffs can remain in effect for only 150 days without congressional approval. Trump’s decision marks the first time a president has invoked Section 122. 

The White House shared that the temporary import duty will take effect on February 24 at 12.01am EST. 

The tariff does not apply to a wide range of goods, including energy products, natural resources, fertilizers, pharmaceuticals, some electronics, some vehicles, certain aerospace products, informational materials, and accompanied baggage. 

Food products, including beef and tomatoes, will be exempt to minimize impacts on the average consumer.

The global tariff also excludes products from Canada and Mexico due to the United States-Mexico-Canada Agreement.

Canada and Mexico have the lowest effective tariff rate globally. The countries will still be taxed on steel, aluminum and non-USMCA compliant goods. 

Certain textiles and apparel are also exempt under the Dominican Republic-Central America Free Trade Agreement.