The U.S. Court of International Trade just invalidated several of Trump’s tariffs on the basis that they exceed his powers under the “emergency” statute that supposedly authorized them. What happens next?
Two things. First, tariffs are a huge part of Trump’s political identity, so don’t expect him to take this lying down. He will do everything possible to avoid complying with the order; open defiance is a real possibility. Second, when the Supreme Court ultimately decides this case, as it will, Roberts will be faced with a dilemma. On the one hand, as a prominent PBP, he probably thinks the tariffs are bad policy and worse politics. On the other hand, he almost certainly views them as being primarily an economic and political issue, not one involving fundamental legal rights, which should be judged by the electorate on their success or failure.
Roberts made a political decision to preserve the essence of Obamacare. My guess is that he will view tariffs as being the right-wing equivalent of health care and vote accordingly.