Gorsuch seems to troll Trump

In a concurring opinion, Gorsuch slammed Trump as trying to expand the president’s authority in a way that would make it hard for Congress to ever retrieve lost powers. He claimed that Trump was seeking to secure a path forward where any president could declare a national emergency—a decision that would be “unreviewable”—to justify imposing “tariffs on nearly any goods he wishes, in any amount he wishes, based on emergencies he himself has declared.”

“Just ask yourself: What President would willingly give up that kind of power?” Gorsuch wrote.

Gorsuch further questioned if Trump was “seeking to exploit questionable statutory language to aggrandize his own power.” And he warned that accepting the dissenting view would allow Trump to randomly impose tariffs as low as 1 percent or as high as 1,000,000 percent on any product or country he wanted at any time.

Gorsuch criticized justices with dissenting views, who disagreed that Congress’ intent in the statute was unclear and defended Trump’s claim that “IEEPA provides the clear statement needed to sustain the President’s tariffs.” Those justices argued that presidents have long been granted authority to impose tariffs and accused the majority of putting a “thumb on the scale” by requiring a strict reading of the statute. Instead, they argued for a special exception requiring a more general interpretation of statutes whenever presidents seek to regulate matters of foreign affairs.

If that view was accepted, Gorsuch warned, presidents could seize even more power from Congress. Many other legislative powers “could be passed wholesale to the executive branch in a few loose statutory terms, no matter what domestic ramifications might follow. And, as we have seen, Congress would often find these powers nearly impossible to retrieve.”

As a final note, Gorsuch took some time to sympathize with Trump supporters:

For those who think it important for the Nation to impose more tariffs, I understand that today’s decision will be disappointing. All I can offer them is that most major decisions affecting the rights and responsibilities of the American people (including the duty to pay taxes and tariffs) are funneled through the legislative process for a reason. Yes, legislating can be hard and take time. And, yes, it can be tempting to bypass Congress when some pressing problem arises. But the deliberative nature of the legislative process was the whole point of its design. Through that process, the Nation can tap the combined wisdom of the people’s elected representatives, not just that of one faction or man. There, deliberation tempers impulse, and compromise hammers disagreements into workable solutions. And because laws must earn such broad support to survive the legislative process, they tend to endure, allowing ordinary people to plan their lives in ways they cannot when the rules shift from day to day.

Kavanaugh questions other Trump tariff authority

Under IEEPA, the majority ruled, Trump has the power to “impose penalties, restrictions, or controls on foreign commerce,” Barrett wrote. But he does not have the power to impose emergency tariffs, unless Congress updates laws to explicitly grant such authority.