Congress Is the Villain in the Supreme Court Ruling for Not Backing Trump With Statute: Former Federal Prosecutor

Federal prosecutor Jim Trusty discussed the legal implications of the U.S. Supreme Court's ruling and President Donald Trump's basis for using the International Emergency Economic Powers Act (IEEPA) to impose tariffs.
Published: 2/20/2026, 11:58:50 PM EST

Federal prosecutor Jim Trusty discussed the legal implications of the U.S. Supreme Court's ruling and President Donald Trump's basis for using the International Emergency Economic Powers Act (IEEPA) to impose tariffs, and the Court's focus on balance of powers in its ruling.

Trusty said the Trump administration should build limits on products and fuse length into tariffs, as in picking the top 20 imports from China to impose a tariff on them that relates to unfair trade practices to survive scrutiny.

Trusty also discussed the dissenting opinions calling out the practical consequence of refunding tariffs to foreign nations, and how Trump could work with Congress to get more authority, while imposing Section 301 of the Trade Act of 1974 to combat foreign unfair trade practices.