Speaker Johnson pledges congressional action after Supreme Court strikes down Trump's IEEPA tariffs

 February 21, 2026

The Supreme Court struck down the bulk of President Trump's sweeping tariffs on Friday, rejecting his expanded use of the International Emergency Economic Powers Act to impose tariffs on nearly every country. The ruling lands the tariff question squarely where the Constitution always placed it: in the hands of Congress.

Speaker Mike Johnson moved quickly to frame the path ahead. Writing on X, Johnson acknowledged the ruling while crediting the President's trade strategy for producing real results.

"No one can deny that the President's use of tariffs has brought in billions of dollars and created immense leverage for America's trade strategy and for securing strong, reciprocal America-first trade agreements with countries that had been taking advantage of American workers for decades."

Johnson said Congress and the administration will "determine the best path forward in the coming weeks." That language signals cooperation, not confrontation, between the legislative and executive branches. The question now is what that cooperation actually looks like.

The Court's reasoning

Chief Justice John Roberts authored the majority opinion, and his framing was notably restrained. He disclaimed any judicial expertise in trade policy or foreign affairs, grounding the decision entirely in constitutional structure.

"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."

That's a clean, narrow holding. The Court didn't say tariffs are bad policy. It didn't weigh in on whether American workers have been getting a raw deal from global trade. It said the 1970s-era law with a nearly 50-year history wasn't designed to do what the executive branch asked it to do. The mechanism was wrong, not the goal, as The Hill reports.

This is an important distinction. Conservatives who support the President's trade agenda should understand that the ruling doesn't foreclose tariffs. It redirects the authority to impose them.

The Republicans who saw this coming

Rep. Don Bacon of Nebraska called the ruling "common-sense" and "straightforward." He didn't mince words about what comes next for Congress.

"I feel vindicated as I've been saying this for the last 12 months. In the future, Congress should defend its own authorities and not rely on the Supreme Court. Besides the Constitutional concerns I had on the Administration's broad-based tariffs, I also do not think tariffs are smart economic policy. Broad-based tariffs are bad economics."

Bacon was one of six House Republicans who joined Democrats just last week to pass a resolution that would repeal Trump's tariffs on Canada. Rep. Dan Newhouse of Washington, another vote on that resolution, struck a more conciliatory tone toward the White House.

"Tariffs can be effective in securing new trade deals when used in a targeted manner. I remain committed to working with President Trumps' administration to secure trade deals that put American farmers, businesses, and consumers first."

The split between Bacon and Newhouse is instructive. Both agree Congress holds the constitutional authority under Article I. Both voted the same way. But Bacon wants to bury broad tariffs as policy. Newhouse wants to refine them. That gap will define the internal Republican debate in the weeks ahead.

What Congress actually has to do now

The ruling forces a question that Washington has dodged for decades: Should Congress reclaim the trade authority it has steadily delegated to the executive branch since the mid-twentieth century?

For years, legislators were happy to let presidents own trade policy. The political logic was obvious. Tariffs create winners and losers. Letting the White House pull the lever meant Congress could claim credit with protected industries and express sympathy to everyone else without casting a vote. The Supreme Court just ended that arrangement.

If Congress wants tariffs, it will have to pass them. Members will have to put their names on specific rates for specific goods from specific countries. That's accountability, and it's exactly what the constitutional design intended.

President Trump held a snap press briefing Friday afternoon to push back against the ruling. The energy from the White House is clear: the trade fight isn't over, it's entering a new phase.

The real test ahead

Johnson's pledge to work with the administration deserves to be taken at face value. The Speaker isn't signaling retreat from the President's trade priorities. He's signaling that the vehicle has to change. The destination remains the same.

The harder question is whether Congress can actually legislate with the speed and precision that modern trade negotiations demand. Executive action, whatever its constitutional defects, moved fast. Legislative action does not. America's trading partners know this. They will test whether a Congress-led tariff regime carries the same credibility that unilateral executive action did.

Six Republicans already crossed the aisle on Canada tariffs. That number will matter when the Speaker tries to hold his conference together on whatever comes next. The margin for error is thin. The policy disagreements are real.

But the constitutional question is settled. Article I means what it says. The power to tax imports belongs to the people's representatives, not to emergency statutes stretched past recognition. What Congress does with that power will tell us more about the Republican majority than any press release ever could.