Justice Thomas Sounds Off ON SCOTUS Tariff Ruling
The U.S. Supreme Court on Friday blocked President Donald Trump from using an emergency law to impose high tariffs on most U.S. trading partners without the consent of Congress. The president suffered a significant setback in a case concerning one of his primary economic policies, which he deemed crucial for the U.S. economy.
The justices ruled 6-3 that Trump’s tariffs were not valid. Justices Brett Kavanaugh, Samuel Alito, and Clarence Thomas disagreed.
Supreme Court Justice Clarence Thomas sounded off in his dissent.
“Neither the statutory text nor the Constitution provides a basis for ruling against the President. Congress authorized the President to ‘regulate . . . importation.’ Throughout American history, the authority to ‘regulate importation’ has been understood to include the authority to impose duties on imports,” Thomas declared.
“The meaning of that phrase was beyond doubt by the time that Congress enacted this statute, shortly after President Nixon’s highly publicized duties on imports were UPHELD based on identical language. The statute that the President relied on, therefore, authorized him to impose the duties on imports at issue in these cases,” Thomas added.
Thomas continued, “Because the Constitution assigns Congress many powers that do not implicate the nondelegation doctrine, Congress may delegate the exercise of many powers to the President. Congress has done so repeatedly since the founding, with this court’s blessing.”
In addition, George Washington University Law School professor and legal scholar Jonathan Turley said this isn’t over. The administration can still impose tariffs through other statutes.
“The administration has other tools in its toolbox. It can actually impose tariffs under other statutes,” Turley said, adding that there’s plenty of runway for the Trump White House in this area of economic policy.
Justice Brett Kavanaugh raised in a fiery dissent what he said would be “serious practical consequences” of the high court’s decision in terms of refunding illegitimately imposed tariffs. The majority did not address refunds, an issue now likely to be raised in lower courts.
“The United States may be required to refund billions of dollars to importers who paid the IEEPA tariffs, even though some importers may have already passed on costs to consumers or others,” Kavanaugh wrote. “As was acknowledged at oral argument, the refund process is likely to be a ‘mess.’”
Lawyers for the Trump administration have argued in lower courts that the IEEPA allows a president to act in response to “unusual and extraordinary threats” and in cases where a national emergency has been declared.
Trump says that deep and “sustained” trade deficits are a national emergency that is bad enough to let him use his emergency powers.
The DOJ asked the Supreme Court to keep the tariffs in place, saying that not giving Trump the power to set tariffs under IEEPA “would leave our country open to trade retaliation without effective defenses.”
Plaintiffs said that no president has ever used the law to impose tariffs in the 50 years since it was passed. They also said that the trade deficit Trump talked about has been going on for almost 50 years, which they said goes against his claim that there is an “unusual and extraordinary” trade emergency.
They said that letting Trump use IEEPA to keep his universal tariffs would give the executive branch a lot more power at the expense of the other branches of government.
Last year, all three judges on the U.S. Court of International Trade agreed to stop Trump’s tariffs from going into effect.
They said that as commander-in-chief, Trump does not have “unbounded authority” to impose tariffs under the emergency law.
The U.S. Court of Appeals for the Federal Circuit also rejected the administration’s use of IEEPA.
Obama Accuses JD Vance Of Promoting ‘Blood And Soil’ Politics
Former President Barack Obama rarely mentions Vice President JD Vance by name, but that changed this week with one of his sharpest public attacks since Vance took office.
The comments immediately fueled speculation that Democrats are beginning to focus more attention on the vice president as Republicans look ahead to the post-Trump era.
Speaking Thursday during a conversation with author Malcolm Gladwell, Obama accused Vance of promoting what he described as a “blood and soil” vision of America, despite being married to Usha Vance, the daughter of Indian immigrants.
Obama made the remarks while discussing the Reconstruction era and arguing that many of the same debates over citizenship, voting rights and national identity continue today.
“We have a politics now that at least one of our major parties has been captured by politics that is not that subtle about suggesting that ‘We the people’ means a certain kind of people,” Obama said.
“When you have the vice president, current vice president, making a speech that is basically a blood and soil version of ‘We the people,’ that it matters who your parents were and how long they’ve been here despite him being married to a daughter of an immigrant himself.”
The phrase “blood and soil” is historically associated with Nazi Germany and white nationalist ideology.
Obama went on to argue that debates over who belongs in America remain central to the nation’s politics.
“That echoes, then, ideas about who can be a citizen, who belongs, who gets to make decisions,” he said.
Gladwell followed by accusing Vance of hypocrisy, arguing that the vice president was making what he called a nativist argument despite his own family’s immigrant background.
Obama agreed.
“That is progress,” Obama said.
“Listen, hypocrisy is progress. It is, because it means that you feel guilty enough to either lie to yourself or others.”
Fox News Digital reported that it reached out to Vance’s office for comment.
Obama did not identify the specific speech he was criticizing, but Vance’s most recent nationally televised remarks came during Independence Day celebrations marking America’s 250th birthday.
In that speech, Vance encouraged Americans to reject what he called a “two-dimensional view” of the country focused only on its historical failures.
“So what I’d ask you to do, my fellow Americans, on our 250th birthday, is to reject the two-dimensional view of your fellow citizens and reject the two-dimensional view of your country,” Vance said.
“Reject the view of your nation that sees only its sins, but not its grace and its greatness.”
He also emphasized that America’s accomplishments were achieved by “a common people working towards a common future.”
Obama has generally avoided making Vance a regular target since the vice president took office.
One notable exception came during the 2024 presidential campaign when then-Vice President Kamala Harris selected Minnesota Gov. Tim Walz as her running mate.
Without naming Vance directly, Obama contrasted Harris’ choice with the Republican ticket.
“When a presidential candidate chooses a running mate, it says a lot about who they are and what kind of president they’ll be,” Obama said at the time, Fox News reported.
Political observers have increasingly discussed Vance as a potential frontrunner for the 2028 Republican presidential nomination, though he has not announced any plans to run.
Against that backdrop, Obama’s unusually direct criticism is likely to fuel speculation that some Democrats are beginning to sharpen their message against a politician they view as a likely future standard-bearer for the Republican Party. While no Democratic leaders have publicly described their strategy in those terms, prominent figures often begin drawing contrasts with potential future rivals well before a presidential campaign officially begins.
Whether that proves to be the case remains to be seen, but Obama’s remarks marked one of his most pointed critiques of Vance to date and ensured the vice president once again found himself at the center of the national political conversation.
