Oh, hey, they got one right for once. (WMP&I)

Massachusetts elected leaders welcomed the US Supreme Court’s rejection of Donald Trump’s assertion of near-limitless authority to levy tariffs when and on whom he wished. The Court found that the law Trump had been using, a 1970s rewrite of an even older statute, did not allow the executive branch the power to impose tariffs at will. That power, as clearly stated in the Constitution, rests with Congress.

There were some psychodramas going on among the nine justices in the decision. There were four concurring opinions, two dissents, and a majority opinion that had only three votes in parts. Nevertheless, a solid six justices said Trump lacked the power to impose these tariffs. The Bay State’s electeds welcomed the ruling and blasted Trump for instituting them in the first place.

“No Supreme Court decision can undo the massive damage that the Trump tariffs have done to small businesses, to American supply chains, and especially to American families forced to pay higher prices on everything from groceries to housing,” Warren said in a statement after the decision came down. “The Court has struck down these destructive tariffs, but there is no legal mechanism for consumers and many small businesses to recoup the money they have already paid.”

Warren’s pessimism seems appropriate. Trump quickly began enacting general tariffs as capriciously as before. As of Saturday, he imposed a general tariff of 15% on all imports. Presumably, this would not apply where the US has statutory trade agreements, like those with Canada and Mexico. These tariffs can only last 150 days, whereas the earlier ones were subject only to Trump’s whim.

The 413’s members of the House, James McGovern and Richard Neal, both welcomed the ruling. Neal, as the top Democrat on the Ways  & Means Committee, had condemned the tariffs in Committee hearings and press statements. Ways & Means has jurisdiction over trade and taxation.

Markey has used his role on the Small Business Committee to blast the tariffs. (WMP&I)

Senator Ed Markey, who is the ranking member of the Senate’s Small Business Committee, welcomed the ruling early on Friday morning.

“This case was Small Businesses v. Trump, and small businesses won,” he said in a statement. “While big businesses ducked the fight, relying instead on golden gifts and Mar-a-lago memberships to provide access and exemptions, small businesses took on this fight to end the pain on Main Street.”

Markey also called for the importers who recoup funds to distribute them to customers in his morning statement. Later in the day he held a virtual press conference with Massachusetts business leaders and owners. They have had to absorb the costs of the import levies.

“Massachusetts businesses paid an estimated $734 million in tariffs in 2025 and many small firms also faced the added burden of uncertainty, unpredictable pricing, delayed contracts, and stalled investment decisions,” said Nicole Obi, President & CEO of the Black Economic Council of Massachusetts, who participated in Markey’s press event.

McGovern, whose Central Mass district reaches into Franklin and Hampshire counties, pointed to the impact on both consumers and business owner alike.

“Trump’s Tariffs are a tax on working people—& the Supreme Court has now confirmed they’re illegal. Trump & the billionaire class lost. The White House should pay back all the families, farmers, and small businesses they screwed over—& apologize for the pain they’ve inflicted,” he said on social media.

Governor Maura Healey weighed in, too. She had been a consistent critic of Trump’s tariff policy. Her statement emphasized the impact on consumers and the economy.

Healey at the State of the Commonwealth where she bashed Trump on affordability. SCOTUS gave her yet another cudgel to do it. (WMP&I)

“The Supreme Court has confirmed what we’ve known all along – President Trump does not have the authority to implement these harmful and costly tariffs.” she said in a statement. “For a year now, President Trump’s tariffs have increased costs on every American and every business. His chaotic approach has caused instability in our economy, undermined business confidence, and weakened the United States’ standing on the world stage.”

Healey’s blunt legal assessment echoes courts’ repeated rejections of Trump’s tariffs. Despite the intra-majority spats within the Supreme Court’s opinion and the royal—yes, really—pretensions of the dissent, the law was obvious. Any other outcome would have been shocking even for the archconservative High Court.

Healey used the opportunity to underscore her attention to affordability. However, she also pointed to the friendlier relations she has tried to build. Healey’s economic development staff have sought to broaden ties Massachusetts and two of Trump’s international foes: Canada and Denmark.

Congressman Neal also underscored the illegality of the tariffs and their impact in a statement the Ways & Means Committee released.

“He drove up grocery and energy prices, destabilized small businesses, strained trade relationships while threatening global security, and now, thanks to our persistence, the Trump Administration must make consumers and businesses whole,” he said.

Neal, back in the day as W&M chair. If he gets the gavel again, expect tariffs to be in his sights. (via YouTube/Ways & Means Cmte)

Neal, who hopes to become chair of the Committee again, also demanded that House Republicans intervene and reassert Congress’s powers.

“Congress writes trade law, and today’s ruling restores that fundamental truth. The Constitution is clear, and no president—Trump or anyone else—can invent powers they do not have,” he said. “As the president continues to push our allies into the arms of our adversaries, this resounding decision should compel House Republicans to end their complicit silence and put a bill on the floor to stop the executive overreach into trade policy.“

The House did pass a bill to rescind the tariffs against Canada. However, far too few Republicans joined Democrats for the legislation to pass over Trump’s veto.

The Supreme Court did not mention how the refund process would work. That is not unusual in cases like these. There is a mechanism for those who actually paid the tariffs, that is importers, to recover the money. Getting the money for everybody else along the supply chain is easier said than done. However, it does speak to the fundamental unfairness of the tariffs.

Warren was ready to rock Trump on tariffs when SCOTUS ruled. (via Twitter/@jentaub)

Beyond the international bullying Trump tried to execute while using the tariffs as leverage, the ostensible goal was to revive manufacturing in the United States. It seems to have done the opposite while simply making things more expensive for everyone else. Those with the money to hire lawyers may get some refund. Most will not, a point Warren made in her statement.

Trump held a press conference to lay out how he was not done taxing imports. Among other things, he menaced the Supreme Court justices who would not bend to his will. Warren had a succinct reply after it concluded.

“Donald Trump illegally stole money from the American people. He should give it back to them. Instead Trump is scheming up new ways to force Americans to pay even more,” she said in a statement.