SUPREME COURT DECISION ON TARIFFS REINFORCES SEPARATION OF POWERS AND THE RULE OF LAW
Statement | February 20, 2026
WASHINGTON D.C.—Amb. Norm Eisen (ret.), Executive Chair of Democracy Defenders Fund, issued the following statement in response to the Supreme Court’s decision on the Trump administration’s tariffs.
“Today’s decision is a victory for the Constitution and for Congress’ Article I authority over taxes and tariffs. The International Emergency Economic Powers Act provides limited authority to the President to take actions to regulate imports to respond to unusual and extraordinary threats. The Trump administration tried to distort it to address routine trade deficits and disagreements, and the Supreme Court correctly smacked that down.
“This ruling is a sign that the rule of law and the separation of powers still matter. Now the Trump administration must repay these ill-gotten gains. ”
Democracy Defenders Fund submitted an amicus brief in June urging the Court to reject the administration’s attempt to use the International Emergency Economic Powers Act to impose sweeping tariffs. In October, DDF submitted an additional amicus brief directly to the Supreme Court alongside former members of Congress and former government officials, further arguing that the administration's tariffs were unlawful.
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Democracy Defenders Fund brings together a nonpartisan team to work with national, state, and local allies across the country to defend in real-time the foundations of our democracy.
