Kavanaugh Warns of Fallout From Supreme Court Tariff Ruling

Justice Brett Kavanaugh dissented Thursday after the Supreme Court struck down President Donald Trump’s sweeping tariffs and warned the majority’s ruling could unleash an economic mess the Court did nothing to prepare for.

In a 6-3 decision, the Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs, gutting a cornerstone of Trump’s economic agenda. Chief Justice John Roberts wrote for the majority, joined by Justices Sotomayor, Kagan, Gorsuch, Barrett, and Jackson.

Kavanaugh, joined by Justices Clarence Thomas and Samuel Alito, pushed back sharply, arguing the Court wasn’t just wrong on the law, but had opened the door to immediate disruption. He contended that tariffs are a traditional tool presidents have long used to “regulate…importation,” and that the majority’s approach contravenes “text, history, and precedent.”

“Refunds of billions of dollars would have significant consequences for the U. S. Treasury,” Kavanaugh wrote.

The Supreme Court, he noted, “says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers”-a process he said was likely to be a “mess,” a word used during oral argument.

This is a breaking news story. More updates will follow.

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This story was originally published February 20, 2026 at 10:47 AM.