A 6-3 majority of the Supreme Court decided yesterday that Donald Trump cannot take core powers that the Constitution gives Congress. Instead, Congress must delegateA 6-3 majority of the Supreme Court decided yesterday that Donald Trump cannot take core powers that the Constitution gives Congress. Instead, Congress must delegate

This almighty blow to Trump is about much more than tariffs

2026/02/22 03:00
12 min read

A 6-3 majority of the Supreme Court decided yesterday that Donald Trump cannot take core powers that the Constitution gives Congress. Instead, Congress must delegate that power clearly and unambiguously.

This is a big decision. It goes far beyond merely interpreting the 1997 International Emergency Economic Powers Act not to give Trump the power over tariffs that he claims to have. It reaffirms a basic constitutional principle about the division and separation of powers between Congress and the president.

On its face, this decision clarifies that Trump cannot decide on his own not to spend money Congress has authorized and appropriated — such as the funds for USAID he refused to spend. And he cannot on his own decide to go to war.

“The Court has long expressed ‘reluctan[ce] to read into ambiguous statutory test’ extraordinary delegations of Congress’s powers,” Chief Justice John Roberts wrote for himself and five other justices in the opinion released yesterday in Learning Resources vs. Trump.

He continued: “In several cases involving ‘major questions,’ the Court has reasoned that ‘both separation of powers principles and a practical understanding of legislative intent’ suggest Congress would not have delegated ‘highly consequential power’ through ambiguous language.”

Exactly. Trump has no authority on his own to impose tariffs because the Constitution gives that authority to Congress.

But by the same Supreme Court logic, Trump has no authority to impound money Congress has appropriated because the Constitution has given Congress the “core congressional power of the purse,” as the Court stated yesterday.

Hence, the $410 to $425 billion billion in funding that Trump has blocked or delayed violates the Impoundment Control Act, which requires Congressional approval for spending pauses. This includes funding withheld for foreign aid, FEMA, Head Start, Harvard and Columbia universities, and public health.

Nor, by this same Supreme Court logic, does Trump have authority to go to war because Article I, Section 8, Clause 11 of the Constitution grants Congress the power to "declare War … and make Rules concerning Captures on Land and Water" — and Congress would not have delegated this highly consequential power to a president through ambiguous language.

Presumably this is why Congress enacted the War Powers Act of 1973, which requires a president to notify Congress within 48 hours of deploying troops and requires their withdrawal within 60 to 90 days unless Congress declares war or authorizes an extension. Iran, anyone?

The press has reported on yesterday’s Supreme Court decision as if it were only about tariffs. Wrong. It’s far bigger and even more important.

Note that the decision was written by Chief Justice John Roberts — the same justice who wrote the Court’s 2024 decision in Trump v. United States, another 6-3 decision in which the Court ruled that former presidents have absolute immunity for actions taken within their core constitutional powers and at least presumptive immunity for all other official acts.

I think Roberts intentionally wrote yesterday’s decision in Learning Resources v. Trump as a bookend to Trump v. United States.

Both are intended to clarify the powers of the president and of Congress. A president has immunity for actions taken within his core constitutional powers. But a president has no authority to take core powers that the Constitution gives to Congress.

In these two decisions, the Chief Justice and five of his colleagues on the Court have laid out a roadmap for what they see as the boundary separating the power of the president from the powers of Congress, and what they will decide about future cases along that boundary.

Trump will pay no heed, of course. He accepts no limits to his power and has shown no respect for the Constitution, Congress, the Supreme Court, or the rule of law.

But the rest of us should now have a fairly good idea about what to expect from the Supreme Court in the months ahead.

  • Robert Reich is an emeritus professor of public policy at Berkeley and former secretary of labor. His writings can be found at https://robertreich.substack.com/. His new memoir, Coming Up Short, can be found wherever you buy books. You can also support local bookstores nationally by ordering the book at bookshop.org

California Gov. Gavin Newsom hammered MAGA ally and musician Kid Rock on Saturday over the songwriter’s participation in a bizarre video with Health and Human Services Secretary Robert F. Kennedy Jr., a video that Newsom said was so “creepy” that he would be “officially banning ‘Kid Rock’ from California.”

Uploaded to social media on RFK Jr.’s official government account, the video in question shows a shirtless Kid Rock and RFK Jr. working out together in a sauna, and was an apparent attempt at promoting the Trump administration’s “Make America Healthy Again” initiative.

“I HAVE SEEN ENOUGH. AS GOVERNOR OF THE FREE WORLD, I, GAVIN C. NEWSOM, AM OFFICIALLY BANNING “KID ROCK” FROM CALIFORNIA. HIS SHIRTLESS VIDEO WITH ‘SECRETARY BRAINWORM’ WAS INAPPROPRIATE, CREEPY, AND VERY LOW ENERGY,” reads a social media post from Newsom’s press office.

“NOT WHAT YOU WANT AROUND OUR CHILDREN! ALSO, SOME OF THE WEAKEST PUSHUPS EVER WITNESSED. CALIFORNIA ONLY ALLOWS WINNERS! I AM ALSO BANNING WORKING OUT IN JEANS, VERY STRANGE! THANK YOU FOR YOUR ATTENTION TO THIS MATTER! — GOVERNOR GCN”

While the announcement that Kid Rock was banned from California did come from Newsom’s official press office, the California governor has used the account to antagonize President Donald Trump with jokes and by mimicking his style of speech, a tactic Newsom’s used since last year.

Kid Rock remains among one of Trump’s most loyal allies in the world of entertainment, having been selected to headline Turning Point USA’s Super Bowl halftime show earlier this month, which was set up as an alternative to the official show headlined by musician Bad Bunny, a vocal opponent of the Trump administration.
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Rumors have swirled that conservative Supreme Court Justice Samuel Alito may be planning to retire in October, and while such a move would likely secure the lifelong appointment of another conservative justice, it may also blow up in Republicans’ faces and hand Democrats a blowout victory in the upcoming midterm elections, the Intelligencer reported Saturday.

Those who believe Alito is on the cusp of retirement point to the “curious” timing of the release of his upcoming book, set to release on Oct. 6, just one day after the Supreme Court’s 2026-27 term is set to begin. And, if the rumor proves accurate, whoever President Donald Trump nominates as Alito’s successor would be all but certain to be confirmed by the Republican-led Senate.

“If Alito was to retire at the end of the current term (perhaps announcing the retirement earlier), then the shape of the future Supreme Court could become a base-mobilizing issue for the GOP, all right – but potentially also one for Democrats,” wrote Intelligencer columnist Ed Kilgore in an analysis published Saturday.

Kilgore went on to cite what’s sometimes been referred to as the “Kavanaugh’s revenge” theory, the idea that Republicans’ surprise performance in the 2018 midterms – which saw them increase their Senate majority by two seats – was due to backlash over Justice Brett Kavanaugh’s confirmation hearings, which saw Democrats fiercely question the nominee over allegations of sexual assault.

While the “Kavanaugh’s revenge” theory ultimately boded well for Republicans – at least, according to those who subscribe to the theory – the political landscape for Republicans in 2026 is so different when compared to 2018, Kilgore argued, that a similar spectacle may end up backfiring on the GOP this time around.

“Even if you believe the Kavanaugh fight provided Republicans with a net benefit in 2018, there’s no reason to assume the same thing will happen in 2026, a year in which the Senate landscape is far less favorable to the GOP than it was in 2018 (according to the Cook Political Report, four of the seven competitive Senate races this year are on GOP turf),” Kilgore suggested.

“We also don’t know how the confirmation hearings for an Alito successor will turn out. But between Alito’s motives for retiring, the GOP’s fear that it could lose control of the confirmation process, and the “Kavanaugh’s revenge” mythology about 2018, don’t be surprised if there’s a Supreme Court fight this summer or fall.”

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Kristi Noem is the political gift that keeps on giving for Democrats.

They need her running the Department of Homeland Security a lot worse than Donald Trump does. And she does run it worse than anyone else.

Democrats don’t require new messaging for November. They need cameras. They need live feeds. They need a 24/7 loop of Noem and her comically transparent paramour Corey Lewandowski blowing up whatever fleeting hope Republicans have of holding power in the midterms — short of stealing the election.

The most recent canary to beat it for daylight out of Noem’s coalmine was her chief spokesperson, Tricia McLaughlin, who took the job Jan. 31, 2025, calling it “the honor of a lifetime.” In announcing her resignation this week, McLaughlin said the departure had been planned last December.

So, to summarize, McLaughlin had meant to say, “this job is the honor of a lifetime or 10 months, whichever comes first.” But one thing we can all agree upon: You only quit a job like this if everything’s going splendidly.

(It should be noted that McLaughlin had a little baggage of her own. She reportedly was the point person for a $220 million DHS ad contract that allegedly funneled money to her husband’s firm, The Strategy Group.)

But what could possibly not be fulfilling about dealing with the media every day to boast about Noem’s latest achievement? The hits just keep on coming.

NBC News broke the bracing story this week that just days after Noem was confirmed last year, a 23-year-old Coast Guardsman fell overboard into the Pacific. Ships and aircraft surged to find him.

When Noem learned that one of the search planes — a C-130 — was also scheduled to transport detained migrants, she ordered it pulled from the search so it wouldn’t miss the deportation run.

Well, of course, she did.

A young American lost at sea. A rescue under way. Immigration logistics taking precedence. The Guardsman was never found.

What spokesman wouldn’t savor explaining that to the world?

This wasn’t an isolated incident. Under Noem’s leadership, more than 750 Coast Guard flights have reportedly been redirected from search and rescue to deportation runs. Guidance at one air station moved transporting detained immigrants to first priority — and demoted search and rescue, the Coast Guard’s core mission since its founding.

On the bright side for McLaughlin and her team, this fine bit of good judgment did momentarily shift attention from Noem’s scintillating performance in Minneapolis. There, she presided over the deployment of ICE agents with the unabashedly cruel intent of terrorizing immigrants, including those here legally from Somalia and other disfavored ports.

In Minneapolis, to the horror of millions of Americans across party lines, Noem sank to new depths even for her.

After ICE agents killed Renee Good, a 37-year-old mother of three, in cold blood, Noem wasted no time in labeling her participation at a peaceful protest “domestic terrorism,” before an investigation began.

After the same fate befell Alex Pretti, a 37-year-old ICU nurse, she atrociously lied that Pretti had "arrived at the scene to inflict maximum damage on individuals and kill law enforcement."

The Minneapolis fallout was so severe that it triggered a public vote of no-confidence from Trump. He effectively fired Noem from her own operation, dispatching Border Czar Tom Homan to take personal charge of the Twin Cities crackdown.

No amount of national political advertising by Democrats could help them like this.

Noem was humiliated when she was sidelined in favor of Homan — a career official she reportedly despises and who favors targeted enforcement over her “insane” broad sweeps. By handing Homan the authority to de-escalate the "Metro Surge" and report directly to the White House, Trump didn't just bypass Noem; he signaled that even he finds her brand of chaos too toxic to manage.

Publicly, that is, not behind closed doors.
Understand that Noem is not freelancing. She’s carrying out the inhumane agenda of Trump and his Minister of Evil, Stephen Miller.

Trump is all about the optics. When the optics turn bad, buses have this annoying habit of running over loyal advisers.

It’s impossible from afar to assess motives in Trump’s snake pit of corruption. But there's at least some plausibility to the oft-rumored notion that one of Trump's rare loyalties rests, for the moment, with Lewandowski, the man who ran his first campaign.

Lewandowski is the “special government employee” who appears to specialize in proximity to Noem. Both she and Lewandowski are married to other people and deny all reports of infidelity. But even in our litigious age, this is one bit of gossip that a wide range of mainstream media feel comfortable reporting without hesitation.

According to recent reporting, Trump frequently entertains listeners with a story about seeing the two take sips from the same can of soda. “You can’t do that, it’s pretty obvious!” he reportedly mocks, channeling his own germaphobia into a critique of their political survival skills. “You can’t do that, everyone’s going to know!”

But the loving couple are still running DHS as their fiefdom. The Wall Street Journal has detailed their constant luxury travel together aboard a government-leased 737 MAX and both residing in proximate DHS-leased housing.

So, no one in the Beltway was shocked that Lewandowski reportedly berated Coast Guard flight staff mid-flight and threatened to fire a pilot over a forgotten heated blanket. It was chivalry.

Understand that if Noem was fired tomorrow — as many Democrats clamor for — not a thing would change at DHS. The cruelty and terror of Trump’s mass-deportation campaign wasn’t authored by Noem. It was executed by her.

Just like she famously executed a puppy she hated and bragged about it in a book.

If you’re a Democrat, don’t you want someone like that to run against?

Leave her be.

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