Sen. Mitch McConnell, R-Ky., said Friday that the Supreme Court’s 6–3 decision rejecting President Donald Trump’s use of emergency powers to impose broad tariffs reaffirmed Congress’s constitutional authority over taxes and trade.
In a statement released Friday afternoon, McConnell said the court “reaffirmed authority that has rested with Congress for centuries,” after the justices concluded that many Trump administration tariffs were unlawfully imposed under the International Emergency Economic Powers Act, Newsmax reported.
The court held that IEEPA does not authorize the president to impose the levies. Chief Justice John Roberts wrote for the majority in Learning Resources Inc. v. Trump.
McConnell said, “Congress’ role in trade policy, as I have warned repeatedly, is not an inconvenience to avoid. If the executive would like to enact trade policies that impact American producers and consumers, its path forward is crystal clear: convince their representatives under Article I.”
McConnell was among four Republicans who voted in October for a Senate resolution calling for the Trump administration to repeal its tariffs on foreign nations.
The measure passed 51–47 on Oct. 30. McConnell joined Republican Sens. Susan Collins of Maine, Rand Paul of Kentucky, and Lisa Murkowski of Alaska in supporting the resolution.
The vote came as consumer and business opposition to the tariffs increased.
Addressing reporters in the White House briefing room Friday, Trump sharply criticized the conservative members of the Supreme Court who joined liberal justices to block his tariff policy.
Trump signaled he had little interest in pursuing a legislative solution with Congress.
After the high court ruled that the Trump administration unlawfully imposed tariffs under IEEPA, Trump imposed a new 10 percent global tariff.
The executive order enacted the taxes under Section 122 of the 1974 Trade Act, which allows tariffs of up to 15 percent for 150 days to address “large and serious” trade deficits.
In a Saturday post on Truth Social, Trump signaled he would raise the tariffs to the full 15 percent allowed under that authority.
A majority of the Supreme Court, including two Trump-appointed justices, affirmed Congress’ constitutional authority over federal taxes in the 6–3 ruling.
On Friday, Trump wrote online that the justices who ruled against him “should be ashamed of themselves.”
He added that he would continue pursuing other avenues to enact his trade agenda.
Rep. Don Bacon, R-Neb., said Congress is likely to challenge the new tariffs.
“It may not have a veto-proof majority, but it will have a majority that will go against that 10 percent global tariff, so I think the president is making a mistake here,” Bacon told CNN.
Earlier this month, the House voted on a resolution to repeal the Trump administration’s tariffs on Canada.
Six Republican lawmakers, including Bacon, joined Democrats in supporting that resolution.
“Bottom line is any tariff that the president wants to do has to go through Congress and be approved. That’s the bottom line from this ruling, and I agree with that,” Bacon said.
“That’s what the founders wanted, and that’s what Republicans should want. We have long held this view. Just because President Trump disagrees shouldn’t change what Republicans believe in,” he added.
Trump’s tariffs have faced criticism from some American consumers and lawmakers in both parties.
The administration has indicated it will continue using available legal authority to advance its trade policy.
