# BREAKING: Tariffs BLOCKED by SCOTUS — Trump Vows New Global Tariff Blitz! Source: https://www.youtube.com/watch?v=BwqKpztBxR0 Recap page: https://rapidrecap.app/video/BwqKpztBxR0 Generated: 2026-02-20T21:39:52.265+00:00 --- ## Quick Overview Justice Kavanaugh, joined by Justices Thomas and Alito, dissented from the Supreme Court's 6-3 decision, arguing that IEEPA does not authorize the President to impose tariffs, and noting that the President's broad power under IEEPA to unilaterally impose unbounded tariffs would represent a transformative expansion of executive authority, which Congress has historically reserved for itself, as tariffs are a traditional tool for regulating importation. **Key Points:** - The Supreme Court ruled 6-3 that IEEPA does not authorize the President to impose tariffs, vacating the judgment in No. 24-1287. - Justice Kavanaugh, joined by Justices Thomas and Alito, wrote a dissenting opinion arguing against the President's authority. - Kavanaugh argued that the power to 'regulate... importation' in IEEPA does not encompass tariffs, as tariffs are a traditional tool explicitly reserved for Congress. - The dissent noted that Congress has historically used its power to impose tariffs, citing the Trade Expansion Act of 1962 and the Trade Act of 1974 as examples of specific authorization. - The dissenting justices found that allowing the President to impose tariffs unilaterally would represent a transformative expansion of executive authority, which lacks historical precedent. - The dissent highlighted that Presidents (including George W. Bush, Obama, and Biden) have previously imposed tariffs under statutory authority, not relying solely on IEEPA. - The dissenting opinion detailed that the Court's majority ruling was 'deeply disappointing' and that the dissenting justices were 'ashamed' of some court members. ![Screenshot at 00:00: SCOTUS Bar Attorney Andrew Branca is shown analyzing a clip of former President Trump speaking at a podium in the White House briefing room, setting the context for a discussion about a Supreme Court ruling affecting presidential tariff authority.](https://ss.rapidrecap.app/screens/BwqKpztBxR0/00-00-00.jpg) **Context:** The video discusses the Supreme Court's decision in a case concerning the President's authority under the International Emergency Economic Powers Act (IEEPA) to impose tariffs. The speaker, Andrew Branca, a SCOTUS Bar Attorney, analyzes the majority opinion and focuses heavily on the dissenting opinion written by Justice Kavanaugh, which was joined by Justices Thomas and Alito. The dissent argues against the broad interpretation of executive power allowing the President to impose tariffs unilaterally, contrasting it with historical congressional practice. ## Detailed Analysis The speaker, Andrew Branca, analyzes the Supreme Court's decision, which ruled 6-3 that the President lacked the statutory authority under IEEPA to impose tariffs. The judgment in the case (No. 24-1287) was vacated. Branca focuses on the dissent written by Justice Kavanaugh, joined by Justices Thomas and Alito, who argued that IEEPA's grant of authority to 'regulate... importation' does not include the power to impose tariffs, as tariffs are a traditional tool explicitly reserved for Congress. The dissent pointed out that Congress has consistently delegated this power explicitly in other statutes, such as the Trade Expansion Act of 1962 and the Trade Act of 1974. Kavanaugh asserted that allowing the President unilateral power over tariffs would constitute a transformative expansion of presidential authority lacking historical precedent. He noted that past presidents, including Bush, Obama, and Biden, imposed tariffs under specific statutory authorization, not solely relying on IEEPA. The dissent also criticized the majority for ignoring historical practice and dictionary definitions that support the conclusion that 'regulate... importation' does not encompass imposing tariffs. Branca notes the dissent's strong language, calling the majority decision 'terrible' and expressing shame for some court members. ### Supreme Court Ruling Analysis - The Court held 6-3 that IEEPA does not authorize the President to impose tariffs - The judgment in No. 24-1287 was vacated, and the case remains with instructions to dismiss for lack of jurisdiction. ### Dissenting Opinion (Kavanaugh, Thomas, Alito) - Justice Kavanaugh authored the dissent, joined by Thomas and Alito - The dissent argues tariffs are a traditional tool explicitly reserved for Congress, not delegated via the broad language of IEEPA. ### Historical Precedent - Congress has historically authorized tariff imposition via specific laws like the Trade Expansion Act of 1962 and the Trade Act of 1974 - Presidents George W. Bush, Obama, and Biden have all imposed tariffs under statutory authority, not solely IEEPA. ### Critique of Presidential Power Expansion - The dissent views the majority's conclusion as justifying a 'transformative expansion' of presidential authority over tariffs, lacking historical support. ### Definition of 'Regulate Importation' - Statutory text, history, and precedent demonstrate that 'regulate... importation' includes traditional means like quotas, embargoes, and tariffs, but the context of IEEPA limits this power. ### Emergency Declarations - The dissent notes two national emergencies declared in early 2025 (drug trafficking and trade imbalances) but argues they do not grant the power to impose tariffs unilaterally. ![Screenshot at 00:00: SCOTUS Bar Attorney Andrew Branca begins his analysis while a clip of President Trump speaking at a White House briefing is shown.](https://ss.rapidrecap.app/screens/BwqKpztBxR0/00-00-00.jpg) ![Screenshot at 01:24: Branca takes a drink from a mug that reads, "INDEPENDENT AGENCIES Are Nothing But TYRANNY" while continuing his legal breakdown.](https://ss.rapidrecap.app/screens/BwqKpztBxR0/00-01-24.jpg) ![Screenshot at 02:38: The screen displays the syllabus of the Supreme Court opinion in Learning Resources, Inc. v. Trump, showing the case summary being discussed.](https://ss.rapidrecap.app/screens/BwqKpztBxR0/00-02-38.jpg) ![Screenshot at 03:29: A clip of President Trump speaking at a podium with several aides standing behind him is shown, illustrating the type of executive action under scrutiny.](https://ss.rapidrecap.app/screens/BwqKpztBxR0/00-03-29.jpg) ![Screenshot at 09:09: The screen displays the text of Justice Kavanaugh's dissent, specifically noting where the Chief Justice delivered the opinion of the Court with respect to Part II-A-2.](https://ss.rapidrecap.app/screens/BwqKpztBxR0/00-09-09.jpg)