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Trump's Own People Gave A Big Blow To Him, Judges Appointed By The US President Called The Tariff Illegal.

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Nitu Kumari
Contributor
February 20, 2026

Trump's appointed judges gave a blow to the President on tariffs (file photo)

Digital Desk, New Delhi. The nine-member Supreme Court bench that declared the global tariffs imposed by President Donald Trump unconstitutional has two judges appointed by Trump himself. However, Trump had appointed a total of three judges to the Supreme Court, one of whom, Brett Kavanaugh, supported him and ruled against the majority.

Majority side: Roberts, Gorsuch, Barrett and three liberal justices

Chief Justice Roberts wrote clearly in his decision, "Our task today is simply to decide whether the power to 'control' imports includes the power to impose tariffs. It does not." The court acknowledged that the International Emergency Economic Powers Act of 1977 (IEEPA) does not give the President explicit authority to impose tariffs.

Roberts was joined in the majority by Justices Neil Gorsuch and Amy Coney Barrett. Both these judges were appointed by Trump in his first term. Apart from these, three liberal justices—Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson—also remained in the majority.

The majority, citing the "broad question doctrine", held that decisions with huge economic and political impact require the express approval of Congress. Under the Constitution, the power to impose taxes and tariffs rests with Congress, not the President.

Minority: Opposition to Trump-appointed judges

Those dissenting from the decision included Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh. Cavanna, who was also appointed by Trump, wrote in his dissenting opinion that "tariffs are a traditional and common tool to control imports" and that IEEPA's text, history and precedents support the administration's position. Cavanna warned that the decision could create uncertainty over trade agreements with countries such as China, Britain and Japan.

'The President does not have this right', US Supreme Court declared Trump's tariffs illegal

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