Trump Raises Tariffs After Court Loss, Calls Barrett and Gorsuch “Barely” Invited to State of the Union

President Trump’s response to the Supreme Court’s rejection of his tariff policy was unlike anything seen in modern American politics: within hours, he not only announced a replacement 15% global tariff but publicly humiliated two of his own Supreme Court nominees, declaring Justices Barrett and Gorsuch “barely” welcome at next week’s State of the Union address.
The extraordinary political theater accompanied a substantive policy announcement. Trump invoked Section 122 of the Trade Act of 1974 to impose the new 15% tariff rate on all imports, describing it as effective immediately. The provision, which has never been used before, allows tariffs of up to 15% for 150 days without congressional approval. Trump’s administration said it would use that window to develop lasting, legally sound trade policy.
The Supreme Court had ruled 6-3 on Friday that Trump’s IEEPA-based tariffs were unconstitutional for lacking legislative authorization. Trump called the ruling “ridiculous” and “anti-American,” and then turned his fire on the individual justices. Barrett and Gorsuch — both his own appointees — were branded “an embarrassment to their families,” while dissenters Kavanaugh, Thomas, and Alito were praised as courageous patriots.
European leaders were alarmed by the escalation. Germany’s Chancellor Merz warned that tariff instability was acting as “poison” for European and American economies alike and announced a visit to Washington with a joint EU position. France’s Macron praised the court’s original ruling and emphasized the importance of fair, reciprocal trade principles over executive unilateralism.
About 90% of the $130 billion in tariffs already collected under the IEEPA framework was paid by American businesses and consumers. The new 15% rate, with exemptions for critical minerals, metals, pharmaceuticals, and USMCA-compliant goods, threatens to deepen that domestic burden. Sector tariffs on steel, aluminum, lumber, and autos remain fully operative.