New Delhi [India], February 21 : Congress MP Manish Tewari on Friday described the 6-3 verdict of the US Supreme Court on the Trump administration's tariffs as a strong reminder to constitutional courts worldwide about their role in checking executive excess.
Speaking on the ruling, Tewari said, "The 6-3 verdict of the US Supreme Court is a message to all constitutional courts around the world that they are charged with the responsibility of checking executive excess, and if the judiciary does not step up to the plate or does not perform its duty, then democracies turn into autocracies."
Tewari described the verdict as a "welcome decision" but cautioned that it could trigger an unprecedented institutional confrontation in the United States.
"The decision of the US Supreme Court is a welcome decision. However, it also sets the stage for an unprecedented confrontation between the Trump administration and the judiciary on the one hand, and the legislature on the other hand. Because the US Supreme Court has clearly said that the power to levy tariffs does not rest in the executive, it rests with the legislature. Therefore, now it's for the US Congress to assert itself, exert itself and appropriate the authority that is legitimately according to the US constitutional scheme," he told ANI.
Responding to US President Donald Trump's terming the judgment a "terrible decision" and announcing a fresh executive order to impose a 10% global tariff under Section 122 of the Trade Act of 1974, Tewari said the standoff could reshape American constitutional politics over the next three years.
"This is going to set the stage for an unprecedented confrontation between the US Supreme Court or the US judiciary and the Trump administration. How this pans out over the next three years is going to redefine the United States in more ways than one," he said.
Tewari added that if the administration persists with similar measures, it is likely to spark another round of litigation.
"If the Trump administration continues to recreate what it has said after the US Supreme Court judgment, it will spark off a fresh round of litigation," the Congress MP added.
Tewari further said the Supreme Court's ruling could redefine the US over the next three years if it upholds that tariff powers rest with the legislature.
"If the Supreme Court were to again hold that these powers also rest with the legislature, that is why I am saying that in more ways than one, this constitutional confrontation will redefine the United States of America over the next three years, 36 months," Tewari added.
The US Supreme Court ruled 6-3 that the Trump administration exceeded its legal authority by using the International Emergency Economic Powers Act (IEEPA) of 1977 to impose broad-based import tariffs.
Terming the SC's ruling as a "terrible decision", Trump announced he would sign an executive order for a 10% global tariff under Section 122 of the Trade Act of 1974. This authority allows for a temporary import surcharge (up to 15%) for 150 days to address balance-of-payments deficits.
"Effective immediately, all the national security tariffs under Section 232 and existing Section 301 tariffs remain in place... Today, I will sign an order to impose a 10% global tariff under Section 122 over and above our normal tariffs already being charged," he said.
Chief Justice John Roberts, joined by Justices Neil Gorsuch, Amy Coney Barrett, and the three liberal justices, held that the IEEPA does not explicitly authorise the president to levy dutiesa power the Constitution assigns to Congress.
Justices Samuel Alito, Clarence Thomas, and Brett Kavanaugh dissented, supporting the administration's broader interpretation of emergency powers.
The ruling invalidated billions of dollars in "reciprocal" and emergency tariffs, potentially requiring the government to refund approximately $130-$175 billion in collected revenue.
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