US President, Donald Trump, has slammed the Supreme Court ruling that declared his global tariffs illegal, saying that he was “ashamed” and disappointed with the decision.
The apex court had earlier ruled that he lacked the authority to impose blanket duties on imports, arguing that the emergency law he relied on “falls short”.
Reacting shortly after the judgment, Trump said some Supreme Court justices are a “disgrace to our nation.”
He also announced that he will impose a 10 percent global tariff on top of tariffs already in place.
While these new levies can only take effect for a maximum of 150 days, barring congressional approval for an extension, Trump claimed, “We have a right to do pretty much what we want to do.”
“I’m ashamed of certain members of the court, absolutely ashamed, for not having the courage to do what’s right for our country,” the president said. “They also are a, frankly, disgrace to our nation.”
The president thanked and congratulated justices Thomas Alito and Brett Kavanaugh for their “strength and wisdom and love of our country,” saying, “when you read the dissenting opinions, there is no way that anyone can argue against them.”
Trump said he would immediately enact a 10 percent global tariff under a trade law known as Section 122.
Unlike the prior tariffs Trump imposed, these new levies can only be in place for a maximum of 150 days.
On whether he intends to keep the new tarrif in effect indefinitely, Trump said, “We have a right to do pretty much what we want to do, but we’re going to charge it starting, effectively I think, it’s three days from now.”
He also said there are alternative methods to apply tariffs that could potentially generate more revenue than the emergency powers now off limits, citing various laws and sections that he would use, including the 1974 Trade Act and the Trade Expansion Act of 1962.
He said he expects the Supreme Court decision to prompt an extensive legal fight over whether his administration now has to pay companies billions of dollars in refunds.
Chief Justice John Roberts, who delivered the main opinion during the court session, said that allowing Trump’s administration to prevail with its tariffs agenda “would replace the longstanding executive-legislative collaboration over trade policy with unchecked Presidential policymaking”.
He dismissed the argument from the administration that the president had the power to use tariffs to regulate commerce
“The president asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope,” Roberts wrote for the court. “In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it.
“The President must point to clear congressional authorization to justify his extraordinary assertion of the power to impose tariffs. He cannot,” Roberts said.
“When Congress grants the power to impose tariffs, it does so clearly and with careful constraints,” Roberts wrote. “It did neither here.”
“We claim no special competence in matters of economics or foreign affairs,” Roberts wrote. “We claim only, as we must, the limited role assigned to us by Article III of the Constitution. Fulfilling that role, we hold that IEEPA does not authorize the president to impose tariffs.”
No clarity on returning money collected
Meanwhile, the court did not offer any clarity on returning money already collected through the tarrifs.
As of December 14, the federal government has collected $134 billion in revenue from the tariffs being challenged from over 301,000 different importers, according to United States Customs and Border Protection data as well as a recent filing submitted by the agency to the US Court of International Trade.
In his dissent, Justice Brett Kavanaugh, noted that the court said “nothing today about whether, and if so how, the government should go about returning the billions of dollars that it has collected from importers.” “That process is likely to be a ‘mess,’” Kavanaugh wrote.
By Nkiruka Nnorom
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