Trump attacks Supreme Court over tariffs

- Donald Trump on May 21 attacked the Supreme Court ahead of expected rulings tied to birthright citizenship and his administration’s broader use of executive power. - Trump said it would be “a disgrace” and “a great disservice” if the justices upheld birthright citizenship, according to remarks reported Thursday. - The court’s birthright citizenship ruling is still pending, while its February 20 tariff decision in Learning Resources remains the governing precedent.

Donald Trump publicly criticized the Supreme Court on May 21 as the justices weigh one of the most politically charged disputes of his second term: whether his administration can narrow birthright citizenship by executive order. In remarks to reporters at the White House, Trump said it would be “a disgrace” and “a great disservice” if the court ruled against him on citizenship. Mediaite and other outlets reported the comments a day before the latest round of coverage on the pending case. The attack came against a wider legal backdrop. Trump’s administration has also been fighting over the reach of presidential emergency powers after the Supreme Court ruled on February 20 in *Learning Resources, Inc. v. Trump* that the International Emergency Economic Powers Act, or IEEPA, does not authorize a president to impose tariffs. That decision invalidated the “Liberation Day” tariff program that Trump announced in April 2025. (mediaite.com) ### What exactly did Trump say about the court this week? Trump told reporters on May 21 that it would be “a disgrace” if the justices rejected his position on birthright citizenship, according to Mediaite’s account of the exchange. Another clip distributed by MSN reported Trump saying the court would do “a great disservice” if it upheld birthright citizenship. (supreme.justia.com) Those comments followed earlier criticism from Trump around the same case. ABC News reported on April 1 that Trump attended oral arguments at the Supreme Court in the birthright citizenship dispute and afterward criticized judges and justices who opposed his policies. ### How is the birthright citizenship fight connected to tariffs? The link is not that the court is deciding both issues at once now. (mediaite.com) The connection is that both disputes test the limits of presidential power and both have drawn direct political pressure from Trump. The Washington Examiner, in a May 21 roundup of major pending Supreme Court matters, described the birthright citizenship case as one of the major rulings still to come this term. (abcnews.com) The tariff case, by contrast, has already been decided. In *Learning Resources*, the court held 6-3 that IEEPA is an economic sanctions law but does not give the president unilateral tariff authority, according to the Supreme Court syllabus reproduced by Justia and legal summaries published after the ruling. ### What was the “Liberation Day” tariff case about? April 2, 2025, was the date Trump used to launch what became known as the “Liberation Day” tariffs. (washingtonexaminer.com) The policy imposed broad reciprocal tariffs under IEEPA, a statute more commonly associated with sanctions and emergency economic restrictions. On February 20, 2026, the Supreme Court said that statute could not bear the weight Trump placed on it. (supreme.justia.com) Ropes & Gray and the National Law Review, summarizing the ruling, said the decision wiped out both the reciprocal tariffs first imposed on “Liberation Day” and related tariffs tied to trafficking and immigration. ### Why did that tariff ruling matter so much? (ropesgray.com) The Supreme Court’s February ruling mattered because it cut back a claimed emergency power that would have allowed a president to reshape trade policy without a new act of Congress. Tax Foundation estimated the invalidated IEEPA tariffs had already raised more than $160 billion through February 20 and would have raised $1.4 trillion over 2026 through 2035 if left in place. (ropesgray.com) Legal summaries of the case described the decision as a direct limit on presidential tariff power under IEEPA. The court did not erase all Trump trade measures, because tariffs imposed under other authorities, including Section 232, remained in effect, according to Tax Foundation’s analysis. ### What happens next? The birthright citizenship case is still awaiting a final Supreme Court ruling. The Washington Examiner reported on May 21 that the court was expected to finish issuing opinions by late June or early July. (taxfoundation.org) For Trump, the immediate next step is the citizenship ruling, not another merits fight over IEEPA tariffs. (taxfoundation.org) The governing tariff precedent is already in place through *Learning Resources*, decided February 20, 2026, while the justices’ next move on birthright citizenship remains pending. (supreme.justia.com) (washingtonexaminer.com)

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