Johnson Criticizes Conservative Justices Over Tariff Authority Dispute
House Speaker Mike Johnson openly challenged concerns from conservative Supreme Court justices regarding the Trump administration’s unilateral use of tariff powers. The issue arose during a Supreme Court hearing where justices questioned the use of emergency authority to implement tariff policies.
Johnson’s Response to Justice Gorsuch
Johnson addressed Justice Neil Gorsuch’s apprehensions that the administration’s approach amounted to a “one-way ratchet,” seizing congressional power without an option to reverse. Speaking to Courthouse News, Johnson said:
“I don’t find myself in disagreement with Justice Gorsuch too often, but I think he’s missed the mark on this one.”
Supreme Court's Concern Over Executive Authority
During oral arguments, Gorsuch and other justices expressed unease about the president’s use of the International Emergency Economic Powers Act (IEEPA) to impose broad tariffs. The administration argues that the president holds authority over foreign affairs and can override Congress to set tariffs independently.
The justices worried that endorsing this executive power might create an irreversible shift in the balance of power, making it difficult to revoke such authority later.
Context of the Dispute
- The Trump administration seeks to use IEEPA to impose tariffs without congressional approval.
- Congress traditionally holds the “power of the purse” to regulate tariffs.
- Justices fear granting the executive unchecked tariff-setting powers would disrupt the separation of powers.
Johnson’s rebuttal highlights ongoing tensions about the limits of presidential authority in trade policy.
Speaker Johnson firmly defends the administration’s tariff powers, disputing concerns that it unlawfully usurps Congress.
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