* The decision is here. The SCOTUSblog story is here. More background is here. And here’s Attorney General Raoul…
Attorney General Kwame Raoul today issued the following statement after the U.S. Supreme Court rejected the president’s unprecedented and unlawful use of the International Emergency Economic Powers Act. Raoul and a coalition of attorneys general had previously sued to stop the arbitrary use of tariffs. “President Trump’s unlawful tariffs on international trade have harmed so many in our state, including families struggling to make ends meet, small business owners, farmers and manufacturers.
“Tariffs are a tax on Americans, and these illegal tariffs threatened Illinois’ economy and have harmed taxpayers by increasing costs to the state and local governments. For example, the Illinois Department of Transportation alone estimated that over two years, the state’s costs for transportation projects would have been $249 million to $585 million higher due to tariffs. Due to our successful lawsuit, increased costs to the state in construction projects, technology and other expenses can also be mitigated.
“Since the International Emergency Economic Powers Act was enacted in 1977, no prior president has attempted to use the extraordinary power to unilaterally impose tariffs of unlimited amount, duration and scope to implement sweeping, arbitrary tariffs. The Supreme Court rightly determined that the act does not grant the president ‘the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope.’
“Today’s ruling makes clear that we are not a nation governed by royal decree. The rule of law matters, and I will continue to fight to protect Illinoisians from the economic costs of the Trump administration’s unlawful actions.”
In April 2025, Raoul and 11 other attorneys general filed a lawsuit to halt the implementation of the illegal tariffs. In their complaint, Raoul and the attorneys general argued that the authority to lay and collect taxes and duties on imported goods lies with Congress. The lower courts ruled in favor of the states, explaining that President Trump’s attempt to implement sweeping tariffs exceeded the authority delegated to him by Congress.
Raoul was joined in filing the lawsuit by the attorneys general of Arizona, Colorado, Connecticut, Delaware, Maine, Minnesota, Nevada, New Mexico, New York, Oregon and Vermont.
- Sue - Friday, Feb 20, 26 @ 11:24 am:
Was not a fan of how the President enacted tariffs but 300 plus billion in revenue certainly was a help for the deficit without raising taxes- Dems always want more revenue and tariffs certainly did that
- Rich Miller - Friday, Feb 20, 26 @ 11:28 am:
===without raising taxes===
Tariffs *are* taxes.
- don the legend - Friday, Feb 20, 26 @ 11:33 am:
Sue, now the scammer in chief has to pay your so called tax free revenue back to the businesses, according to you, he never taxed.
- JB13 - Friday, Feb 20, 26 @ 11:34 am:
The tariffs were and are illegal and I am happy that the Supreme Court (*Trump’s Supreme Court,* amirite?) struck them down.
Wanted to make that clear, before I also point out that I appreciate the clarity from folks like Mr. Raoul, the governor, and other Dems acknowledging in no unmistakable terms that raising taxes costs consumers and the economy.
It’s been a welcome reprieve from the usual gaslighting on that topic from the people in charge around these parts.
- Sir Reel - Friday, Feb 20, 26 @ 11:36 am:
I fear that since most prices have already risen to reflect the tariffs, they won’t return to pre-tarriff levels.
- Skokie Man - Friday, Feb 20, 26 @ 11:38 am:
Josh Marshall @ Talking Points Memo has a great piece up excoriating the Supreme Court and warning us not to interpret this decision as anything other than more corruption. It’s partially paywalled, but here’s a short key excerpt:
“The architect of the current Court — the Federalist Society’s Leonard Leo — was behind the litigation that undid the tariffs. That tells you all you need to know. In this case Trump’s claim to power was neither in the interests of the Republican Party — the Court’s chief jurisprudential interest — nor any of their anti-constitutional doctrines. So of course they tossed it out. This may sound ungenerous. It’s simple reality.
“Indeed, today’s decision is actually an indictment of the Court. These tariffs have been in effect for almost a year. They have upended whole sectors of the U.S. and global economies. The fact that a president can illegally exercise such powers for so long and with such great consequences for almost a year means we’re not living in a functional constitutional system. If the Constitution allows untrammeled and dictatorial powers for almost one year, massive dictator mulligans, then there is no Constitution.”
https://talkingpointsmemo.com/edblog/dont-be-fooled-by-the-corrupt-courts-tariff-decision
- Flyin' Elvis'-Utah Chapter - Friday, Feb 20, 26 @ 11:43 am:
“300 plus billion in revenue certainly was a help for the deficit without raising taxes”
“The best argument against democracy is a five-minute conversation with the average voter.”-
Winston Churchill
- low level - Friday, Feb 20, 26 @ 11:44 am:
Sue shows us yet again MAGAs know nothing about economics. Its incredible what has happened to conservatives. They were once guided by Milton Friedman have now returned to Herbert Hoover like protectionism. We saw how well that went in 1929. It failed spectacularly.
- Epic Fail - Friday, Feb 20, 26 @ 11:50 am:
I guess Royal Decrees are only good when they’re used to run a state for 3 years.
- Ducky LaMoore - Friday, Feb 20, 26 @ 11:52 am:
“I guess Royal Decrees are only good when they’re used to run a state for 3 years.”
I guess you only find the judicial branch necessary when they agree with you.
- Grimlock - Friday, Feb 20, 26 @ 12:05 pm:
So I’m not getting the $2,000 tariff check? I was going to add it to my $5,000 DOGE check and buy a unicorn.
- Norseman - Friday, Feb 20, 26 @ 12:12 pm:
“===without raising taxes===
Tariffs *are* taxes.”
Facts, facts, there are no facts in Trump world.
- Jerty - Friday, Feb 20, 26 @ 12:26 pm:
Thank you Rich. Taxes increased massively this year. So have prices.
- JoanP - Friday, Feb 20, 26 @ 12:31 pm:
= has to pay your so called tax free revenue back to the businesses =
The Court did not rule on that issue
- H-W - Friday, Feb 20, 26 @ 12:35 pm:
=== Was not a fan of how the President enacted tariffs but 300 plus billion in revenue ===
This is an “ends justifying the means” argument. It is also an oversimplification.
My Illinois farmer friends have been rather scared and depressed for months, ever since these tariffs were imposed. Most of them have lost tons of money after investing millions of dollars in input costs that they could not recoup when they sold their bumper crops.
The ends never justify the means. Not in war, and not in economics. Indeed, this nonsense is the reason we have laws, which Justice Roberts recognized in his opinion.
- ChicagoVinny - Friday, Feb 20, 26 @ 12:49 pm:
So Trump illegally enacts a tax collected from businesses, who passed the cost on to consumers, raising prices, which SCOTUS refused to enjoin, now overturns many months later, big companies will sue for refunds, not pass these refunds back to consumers, and prices likely will not return to post tariff levels.
Great deal for his big business cronies, not so much for the rest of us.
- JS Mill - Friday, Feb 20, 26 @ 12:58 pm:
=“300 plus billion in revenue certainly was a help for the deficit without raising taxes”=
If that was the case please explain the growth of our deficit in the last year plus. Please include DODGE in your explanation.
I wouldn’t take too long of a victory lap on the decision. Trump has committed to continuing tariffs one way or another. His word, of course, doesn’t mean much. I, for one, am not counting on any refunds as I suspect that horse has left the barn.
- sulla - Friday, Feb 20, 26 @ 1:01 pm:
“So I’m not getting the $2,000 tariff check? I was going to add it to my $5,000 DOGE check and buy a unicorn.”
An absolute banger.
- No Shame in that Game - Friday, Feb 20, 26 @ 1:23 pm:
Raoul taking credit for Liberty Justice Centers work. Delicious.
- Amalia - Friday, Feb 20, 26 @ 1:25 pm:
lol this decision this morning. CNN & MSNow all over it Fox talks the dear leader going to China. Small businesses got messed with over the illegal taxes/tariffs. good decision. that said Kavanaugh is right, a mess to figure out the money return. Wall Street loves the decision last time I looked.
- Sue - Friday, Feb 20, 26 @ 1:32 pm:
I was referring to income taxes- bottom line is the govt needs revenue- the tariffs did not at least yet increase inflation and did significantly lower the deficit resulting in reduced govt borrowing and rates then would be occurring without the 300 B in annual tariff revenue- as I started my comment- I disagree with Trump’s approach and methodology especially his punitive application having said all of that we need the revenue and paying it indirectly thru tariffs was one approach- bought 2 Japanese cars last year so I imagine I paid more with tariffs - one way or the other we all end up paying more TAXES then we want
- Dotnonymous x - Friday, Feb 20, 26 @ 1:55 pm:
There is a Worldwide reckoning at hand…can you feel it?
- Dotnonymous x - Friday, Feb 20, 26 @ 1:58 pm:
People all over the world are examining their so called leaders…to see if they are fit to lead.
- Dotnonymous x - Friday, Feb 20, 26 @ 2:15 pm:
“Don’t follow leaders” - Bob Dylan
- JS Mill - Friday, Feb 20, 26 @ 2:31 pm:
= bottom line is the govt needs revenue-=
So now you are FOR tax and spend? You always seem to hate it when Illinois needs more revenue?
=the tariffs did not at least yet increase inflation and did significantly lower the deficit resulting in reduced govt borrowing and rates then would be occurring without the 300 B in annual tariff revenue=
None of which is supported by math.
BTW this…
=bought 2 Japanese cars last year so I imagine I paid more with tariffs=
…is exactly what inflation is.
- low level - Friday, Feb 20, 26 @ 2:33 pm:
== the tariffs did not at least yet increase inflation and did significantly lower the deficit resulting in reduced govt borrowing and rates==
Everything you have said is false. Are you living under a rock or are you caught in a nonsensical FOX / Newsmax cloud?
- Homebody - Friday, Feb 20, 26 @ 2:47 pm:
And Lutnick’s kids with the company that bought up the rights for possible future tariff refunds, of course. End result is chaos and price increases for the small folk, big companies won’t drop their prices, and insiders made a profit. The Republican way.