Justice Clarence Thomas delivered a sharp dissent after the Supreme Court ruled 6–3 that President Donald Trump does not have authority under the International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs.
The majority opinion, authored by Chief Justice John Roberts and joined by Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Amy Coney Barrett, and Ketanji Brown Jackson, concluded that the statute’s grant of authority to “regulate… importation” does not extend to imposing tariffs.
Thomas, joined by Justices Samuel Alito and Brett Kavanaugh, argued the court had ignored both the statutory text and longstanding precedent.
“NEITHER the statutory text nor the Constitution provides a basis for ruling against the President,” Thomas warned.
“Regulate Importation” Includes Duties
Thomas centered his dissent on the plain language of the statute, emphasizing that Congress explicitly granted the president authority to “regulate… importation.”
In his dissent, Thomas noted:
“Congress authorized the President to ‘regulate . . . importation.’
“Throughout American history, the authority to ‘regulate importation’ has been understood to include the authority to impose duties on imports.”
He argued that this understanding is not novel or theoretical but rooted in American legal tradition.
“The meaning of that phrase was beyond doubt by the time that Congress enacted this statute, shortly after President Nixon’s highly publicized duties on imports were UPHELD based on identical language,” he wrote.
Thomas maintained that President Trump acted within the authority Congress provided:
“The statute that the President relied on, therefore, authorized him to impose the duties on imports at issue in these cases.”
Warning on Separation of Powers
Thomas also rejected the notion that Congress improperly delegated authority to the executive branch.
He emphasized that the Constitution permits Congress to assign substantial responsibility to the president, particularly in areas like foreign commerce and national emergencies.
“Because the Constitution assigns Congress many powers that do not implicate the nondelegation doctrine, Congress may delegate the exercise of many powers to the President,” Thomas said.
He added:
“Congress has done so repeatedly since the founding, WITH THIS COURT’S BLESSING.”
In Thomas’s view, the majority substituted its own interpretation for that of Congress and decades of accepted practice — effectively narrowing presidential authority over trade policy.
🚨 BREAKING: SCOTUS Justice Clarence Thomas dropped straight TRUTH BOMBS in his dissent on the tariffs
He nailed it.
“NEITHER the statutory text nor the Constitution provide a basis for ruling against the President.” 🔥
“Congress authorized the President to “regulate . . .… pic.twitter.com/nhKtBQ669Y
— Eric Daugherty (@EricLDaugh) February 20, 2026
Kavanaugh Warns of Financial Fallout
Justice Brett Kavanaugh, writing separately, focused on the practical consequences of the ruling.
“Refunds of billions of dollars would have significant consequences for the U. S. Treasury,” Kavanaugh wrote, noting that the Court provided no clear guidance on how such repayments should be handled.
The decision raises questions about whether tariffs already collected could be subject to reimbursement, potentially creating substantial fiscal implications.
A Divided Court on Executive Power
The ruling marks a major legal setback for President Trump’s trade strategy, which has relied heavily on tariffs as leverage in international negotiations and as a tool to protect American industries.
For Justice Thomas, however, the issue goes beyond trade policy.
His dissent frames the decision as a broader judicial intrusion into authority that Congress historically placed in the hands of the president.
By rejecting the administration’s interpretation of IEEPA, the majority has redefined the boundaries of executive power over foreign commerce, a move Thomas argues is unsupported by both the Constitution and established precedent.
The 6–3 split underscores a deep divide within the Court over how far presidential authority extends when Congress grants broad language tied to economic and national security powers.
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