The U.S. Supreme Court on Friday ruled (6-3) that President Donald Trump had exceeded his authority when he imposed tariffs on more than 90 countries under the International Emergency Economic Powers Act (IEEPA).
While Trump called the SCOTUS ruling a “disgrace,” former DOJ attorney Neal Katyal — the lawyer who argued against the Trump administration on behalf of five American small business owners who were financially affected by the tariffs — said he was “gratified.”
Katyal, a former Solicitor General of the United States and Principal Deputy Solicitor General in the United States Department of Justice, wrote in a statement: “Today, the U.S. Supreme Court stood up for the rule of law and Americans everywhere. Its message was simple: Presidents are powerful, but our Constitution is more powerful still. In America, only Congress can impose taxes on the American people.
“The US Supreme Court gave us everything we asked for in our legal case. Everything.”
My statement:
“Today, the U.S. Supreme Court stood up for the rule of law and Americans everywhere. Its message was simple: Presidents are powerful, but our Constitution is more powerful still. In America, only Congress can impose taxes on the American people.The US Supreme…
— Neal Katyal (@neal_katyal) February 20, 2026
Katyal thanked the Liberty Justice Center, the five small business owners “who stood up against these unjust, unconstitutional taxes. By taking a stand, they have delivered crucial relief to tens of thousands of businesses and millions of consumers across the country,” and his team at Milbank, his Washington DC-based firm.
Katyal added: “This case has always been about the presidency, not any one president. It has always been about separation of powers, and not the politics of the moment. I’m gratified to see our Supreme Court, which has been the bedrock of our government for 250 years, protect our most fundamental values.”
Note: Katyal knows several of the justices well. While at Yale Law School, he interned one summer at Hogan & Hartson (now Hogan Lovells), where he worked for future SCOTUS Chief Justice John Roberts before Roberts became a judge. Roberts wrote the tariffs opinion.
Katyal also endorsed Trump’s nominations of Justices Brett Kavanaugh and Neil Gorsuch; in January 2017, he wrote The New York Times op-ed, ‘Why Liberals Should Back Neil Gorsuch.’ In the tariffs case, Gorsuch joined Roberts in the majority, while Kavanaugh dissented..