- United States
- Texas
- Letter
Standing at the White House podium on February 20, 2026, hours after the Supreme Court ruled 6-3 that his tariffs were unconstitutional, President Trump said this: “I’m allowed to destroy the country, but I can’t charge them a little fee.” He was not speaking hypothetically. He announced a new 10% global tariff under a different law that same afternoon, raised it to 15% the next morning, called Justices Gorsuch and Barrett “an embarrassment to their families,” and told reporters he didn’t need Congress. “I don’t have to,” he said. “I have the right to do tariffs.” Three separate courts had already ruled against him before the Supreme Court weighed in. Chief Justice Roberts, writing for the majority, was blunt: “Until now, no President has read IEEPA to confer such power.” Those illegal tariffs collected more than $160 billion from American businesses and consumers before the ruling came down, according to the Tax Foundation.
Congress wrote the tariff power into the Constitution for exactly this reason. We urge you to co-sponsor legislation requiring congressional approval before broad tariffs take effect, and to push the Ways and Means and Senate Finance Committees to hold immediate hearings on the administration’s attempt to route the same tariffs through alternative legal authorities. Treasury Secretary Bessent confirmed that goal directly, saying the new approach would produce “virtually unchanged tariff revenue in 2026.” The Supreme Court ruled. The president responded by announcing more taxes on American consumers and attacking the justices by name. Congress cannot treat that as normal. The $160 billion collected illegally also needs a fast, transparent refund process for the businesses that paid it. Start there.