Trump’s New Plan To Fight Back Explained as Supreme Court Rules Against Him!
February 20, 2026
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22:20Now PlayingTrump’s New Plan To Fight Back Explained as Supreme Court Rules Against Him!
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Eric Eggers CoHost of The Drill Down, Writer and political commentator
Trump says he’s disappointed in weak Justices that have no courage to do what is right for The American people.
Trump to immediately sign a 10% above and beyond tariff. He says tariffs are a tool to fight national security risks. SHOW
What the Court actually did The Court said Trump cannot use the emergency‑powers law (IEEPA) as a blank check to slap “sweeping worldwide tariffs” on virtually every country without Congress.
The majority held that this specific statute “does not empower the President to levy tariffs” on the scale Trump claimed; if he wants broad permanent tariffs, Congress must clearly authorize them.
Roberts wrote for a 6–3 majority joined by Gorsuch and Barrett plus the three liberals; Kavanaugh, Thomas, and Alito dissented in a 63‑page opinion warning of economic chaos and lost leverage.
Can Trump still use tariffs?
Yes. Kavanaugh’s dissent explicitly says this ruling “might not significantly limit a President’s authority to impose tariffs in the future” because there are other trade laws (Section 232, Section 301, traditional tariff authorities) the president can still use; Trump just “checked the wrong statutory box” by leaning on IEEPA for a global tariff regime.
So the Court killed this one legal theory for mega‑tariffs, not tariffs as a tool altogether.
Refunds and “hundreds of billions”
Treasury has collected over $130 billion under these specific emergency‑law tariffs.
The majority did not decide what happens to that money; they explicitly left refunds and mechanics for lower courts and the administration to sort out.
Kavanaugh flags that the U.S. “may be obligated to refund billions” and calls the coming refund fights a “mess,” but that’s a warning, not a holding.
Bottom line: importers will race to court for refunds, and some tens of billions could eventually be paid back, but it’s not an instant “write a check for all of it tomorrow” situation.
Political fallout and midterms
Substantively, this blows a hole in Trump’s argument that tariffs alone will fund huge parts of his agenda, because the Court just said Congress holds the keys for a big chunk of that revenue.
Optically, Democrats now have clean talking points: “Even Trump’s own justices (Roberts, Gorsuch, Barrett) said his tariff plan was illegal” and “the Court says his math doesn’t work.”
Republicans will counter that:
The Court used the “major questions” doctrine to rein in executive power, which also boxes in future Democrat presidents.
Trump can still pursue tariffs using the classic trade statutes if Congress cooperates.
For your framing: this is a huge separation‑of‑powers shot at Trump’s most aggressive tariff play, creates real uncertainty about future tariff revenue and possible refunds, and hands Democrats ammo—but it does not end tariffs as a Trump policy weapon.
Lawyer Jonathan Turley wrote that the President still has alot of power and tools to use tariff but when it comes to emergency power the Supreme court has limited him SHOW
Will congress back him on this Or does this become the way to kick him while he’s down and try to take back power?
Supreme Court Tried To Corner Trump – Trump’s New Plan To Fight Back 56,000 views 4.5 hours in.
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