Cour suprême : Coup de théâtre contre Trump sur les droits de douane

Supreme Court Deals Blow to Trump’s Trade Policies, Signaling Judicial Independence

WASHINGTON – In a surprising rebuke, three conservative justices on the U.S. Supreme Court – John Roberts, Neil Gorsuch, and Amy Coney Barrett – cast doubt on the expansive use of executive power regarding tariffs, just days before President Donald Trump’s State of the Union address. The decision, stemming from a case challenging the legal basis of tariffs imposed by the Trump administration, underscores a growing tension between the executive and judicial branches and signals a potential shift in the court’s dynamic.

The court’s majority opinion, delivered by Chief Justice Roberts, asserts that the power to impose tariffs rests constitutionally with Congress, requiring “clear legislative authorization” for broad economic measures. This ruling challenges the Trump administration’s reliance on executive authority to enact trade policies, a strategy frequently employed during his presidency.

“This isn’t about whether the tariffs were good or bad policy,” explained legal scholar Sarah Miller of the Brookings Institution. “It’s about the fundamental question of who has the power to regulate international trade – the President or Congress. The court has emphatically sided with Congress.”

The decision is particularly noteworthy given the court’s perceived alignment with Trump on numerous legal issues since his election. Gorsuch, Trump’s first Supreme Court nominee, and Barrett, appointed during his final year in office, were both seen as solidifying a conservative majority. Their participation in the ruling against the administration demonstrates a willingness to prioritize constitutional principles over political allegiance.

This isn’t the first instance of Roberts distancing himself from overtly Republican positions. In 2012, he notably upheld the Affordable Care Act (Obamacare) despite strong opposition from the GOP. However, the involvement of Gorsuch and Barrett marks a departure from a trend established in 2024, when the court granted Trump broad immunity from criminal jurisdiction.

The ruling arrives at a sensitive moment, with Trump expected to address Congress during his State of the Union address. The justices will be present, creating a potentially awkward atmosphere. The decision also follows a series of public clashes between Trump and the judiciary. Last March, Trump called for the impeachment of a judge who blocked the deportation of migrants from El Salvador, prompting a rare public response from Roberts.

“For over two centuries, it has been established that impeachment is not the appropriate response to disagreement with a judge’s decision,” Roberts stated, defending the independence of the judiciary. He further emphasized that there are “no judges of Obama or judges of Trump,” but rather “an extraordinary group of judges dedicated to their profession.”

The case highlights a broader struggle for power between the branches of the U.S. government. The Supreme Court, traditionally viewed as a check on executive power, appears to be reasserting its role. This decision could have significant implications for future trade policy and the balance of power within the federal government. According to data from the Office of the U.S. Trade Representative, tariffs imposed by the Trump administration affected over $300 billion worth of goods annually, impacting businesses and consumers across the country.

The ruling is expected to trigger legal challenges to other tariffs imposed by the Trump administration and could force the Biden administration to seek congressional authorization for its own trade policies. The long-term effects of this decision remain to be seen, but it undoubtedly represents a significant moment in the ongoing debate over the limits of executive power.

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Source: ANSA.