U.S. Supreme Court finds Trump overstepped authority in imposing tariffs under emergency law | CBC

‘Combined wisdom’ of Congress vs. ‘one man’

An interesting passage in the Supreme Court ruling comes from Justice Neil Gorsuch, a conservative appointed by Trump in 2017. 

In concurring with the 6-3 ruling striking down the tariffs, Gorsuch weighs in on why tariffs and taxes are the responsibility of Congress rather than the president. 

It reads like a pretty strong rebuke of Trump. 

“Most major decisions affecting the rights and responsibilities of the American people … are funnelled through the legislative process for a reason,” Gorsuch writes. 

“Through that process, the nation can tap the combined wisdom of the people’s elected representatives, not just that of one faction or man,” he continues.  

In Congress, “deliberation tempers impulse” and the enduring nature of the laws it passes allows Americans “to plan their lives in ways they cannot when the rules shift from day to day,” says Gorsuch. 

The conservative justice also predicts “the day will come when those disappointed by today’s result will appreciate the legislative process for the bulwark of liberty it is.”