ANDREW BRANCA: Justice Brett Kavanaugh — joined by Clarence Thomas and Samuel Alito — argued that the plain meaning of “regulate importation” absolutely includes tariffs. And Trump immediately pivoted to Section 232, Section 301, and Section 122 authority — imposing a new 10% global tariff.

The Supreme Court (6–3) just ruled that President Trump lacks authority under the IEEPA to impose certain tariffs.

Chief Justice John Roberts joined by Gorsuch and Barrett invoked the “Major Questions Doctrine.”

But here’s what the headlines won’t tell you:

Justice Brett… pic.twitter.com/3lPjMVYup4

— Andrew Branca Show (@TheBrancaShow) February 20, 2026

The Supreme Court (6–3) just ruled that President Trump lacks authority under the IEEPA to impose certain tariffs. Chief Justice John Roberts joined by Gorsuch and Barrett invoked the “Major Questions Doctrine.” But here’s what the headlines won’t tell you: Justice Brett Kavanaugh — joined by Clarence Thomas and Samuel Alito — argued that the plain meaning of “regulate importation” absolutely includes tariffs. And Trump immediately pivoted to Section 232, Section 301, and Section 122 authority — imposing a new 10% global tariff. This isn’t the end of the tariff fight. It may be the beginning of a stronger one.

Separation of powers showdown incoming.