which justices voted against tariffs
In the new Supreme Court decision striking down President Donald Trump’s global tariffs, the justices voting against the tariffs (i.e., to invalidate them) formed a 6–3 majority.
Which justices voted against the tariffs?
The six justices in the majority were:
- Chief Justice John Roberts
- Justice Neil Gorsuch
- Justice Amy Coney Barrett
- Justice Sonia Sotomayor
- Justice Elena Kagan
- Justice Ketanji Brown Jackson
These justices concluded that the International Emergency Economic Powers Act (IEEPA) does not clearly authorize a president to impose broad tariffs unilaterally in the way Trump had done, with Roberts, Gorsuch, and Barrett also invoking the “major questions” doctrine to stress that such sweeping economic moves require clear congressional authorization.
The three justices who dissented (and thus would have allowed the tariffs) were:
- Justice Brett Kavanaugh
- Justice Clarence Thomas
- Justice Samuel Alito
They argued that tariffs are a traditional tool for regulating imports and that Trump could use IEEPA to impose them.
Quick Scoop: Why this matters now
- The ruling is a significant constraint on Trump’s trade agenda and on presidential power over tariffs going forward.
- It signals a rare split where two Trump-appointed conservatives (Gorsuch and Barrett) joined the liberal justices against his administration’s position.
- Commentators in legal news and forums are already calling it a major “separation of powers” moment, shifting leverage on trade policy back toward Congress.
Information gathered from public forums or data available on the internet and portrayed here.