The Ben Shapiro Show

Episode: LIVE: Supreme Court WRECKS Trump's Tariffs
Date: February 20, 2026
Host: Ben Shapiro
Guests: Ilya Shapiro (Manhattan Institute), Jason Furman (Harvard)

Episode Overview

This episode delivers a rapid, in-depth breakdown of the landmark Supreme Court decision striking down President Trump’s “Liberation Day Tariffs” in a 6-3 vote. Ben Shapiro meticulously unpacks the Court’s reasoning, the dynamics among the Justices, the constitutional stakes, and what this means for presidential tariff power and the broader economy. The discussion features expert commentary from Ilya Shapiro and economist Jason Furman.

Key Discussion Points and Insights

1. Summary of Supreme Court Ruling

[02:00–10:00]

• What happened: The Supreme Court struck down a sweeping set of tariffs imposed unilaterally by President Trump, ruling that the President does not have broad authority to impose such tariffs without explicit Congressional approval.
• Decision Details: 6-3 majority (Roberts, Sotomayor, Kagan, Gorsuch, Barrett, Jackson) vs. dissent (Alito, Thomas, Kavanaugh).
• Key Rationale: The Court found that Congress retains tariff-setting authority under Article I of the Constitution. The specific law Trump cited—the International Emergency Economic Powers Act (IEEPA)—does not grant such wide tariff powers.

“The Supreme Court says that the President does not have the unilateral authority...to actually just impose broad scale tariffs.”
—Ben Shapiro [03:00]

2. Constitutional and Statutory Analysis

[10:00–24:00]

• Article I Powers: Tariff and taxation powers are integral to Congress, not the Executive.
• IEEPA: Grants certain emergency powers, but its language does not equate with broad tariff authority.
• Major Questions Doctrine: If Congress intended to pass such a significant power, it must do so clearly. Ambiguous statutory language does not suffice.

“If the President of the United States can simply declare national emergency and then tariff the entire planet, what can't the federal government do on the basis of emergency?”
—Ben Shapiro [20:28]

• Memorable Line from the Majority:

  “Based on two words separated by sixteen others in section 1702...Those words cannot bear weight.”
  —Chief Justice Roberts (quoted by Ben Shapiro) [15:10]

3. Breakdown of the Opinions

[24:00–43:00]

• Majority Opinion (Roberts):
  • IEEPA does not authorize broad, discretionary tariffs.
  • Only specified, limited delegations are constitutional.
  • “Regulate importation” does not mean “tax at will.”
• Liberal Justices' Stance:
  • Agreed on statutory interpretation but rejected the Major Questions Doctrine.
  • Shapiro: This is out of anti-Trump animus and contrary to consistent principles.
  • Quote:

    “They want the executive branch to grab more and more and more power...” [31:56]

• Conservative Dissents:
  • Justice Thomas: Congress can broadly delegate power (nondelegation only applies to core rights).
  • Justice Kavanaugh: Argues IEEPA confers tariff powers as part of foreign affairs and the Major Questions Doctrine should not apply to the President’s foreign affairs power.
  • Shapiro counters that these theories would dramatically expand executive power at the expense of Congress.

4. Gorsuch Concurrence and Broader Consequences

[43:00–46:00]

• Gorsuch insists strong adherence to separation of powers:

  “If the shoe were on the other foot, a Democratic president could declare a national emergency on the basis of global warming and simply tariff...every car coming into the country and basically destroy the entire auto industry.”
  —Ben Shapiro [43:10]

• Highlights why even conservatives should support limits on executive power, as those tools could soon be in opposing political hands.

Expert Interviews

Ilya Shapiro: Legal Consequences

[35:29–45:00]

• On Justice Thomas’ Dissent:

  “I was surprised...particularly given his opinions in previous so-called nondelegation cases. This very much cuts against his normal grain.”
  —Ilya Shapiro [36:40]

• On Economic Consequences:
  Discussed the narrow focus of the ruling; other legal means remain for imposing tariffs, but the ruling curtails arbitrary executive actions.

Jason Furman: Economic Analysis

[48:43–53:29]

• Economic Uncertainty Remains:
  Not clear how collected tariff revenue will be handled—no precedent for refunds of this magnitude.
• Reduced Policy Chaos:
  Future tariffs will require more process, less arbitrariness. Predictability for markets may increase.
• Growth Implications:

  “Consumers cut their spending on durable goods in the fourth quarter. That’s exactly what you would expect...because of the tariffs.”
  —Jason Furman [52:46]

Notable Quotes & Memorable Moments

• On Ironies of Judicial Reasoning:

  “There is something odd about Chief Justice Roberts who declared that Obamacare was not in fact a tax in order to declare it constitutional. Now declaring that tariffs are in fact a tax in order to declare them unconstitutional.”
  —Ben Shapiro [37:33]

• On Limits of Executive Power:

  “This is not about whether tariffs are good policy or bad policy. ...It’s over whether the President has the unilateral ability, unchecked ability, to simply set tariffs where he wants to set tariffs.”
  —Ben Shapiro [23:50]

• On Judicial Bedfellows:

  “If this had been Barack Obama declaring worldwide tariffs in order to end greenhouse gas emissions, I have no doubt whatsoever that Kagan, Sotomayor, and Jackson would have ruled in favor...”
  —Ben Shapiro [43:00]

Important Timestamps

• [02:00] – Supreme Court ruling summary
• [10:00] – Constitutional background and statutory language
• [24:00] – Discussion of the opinions, dissents, and concurrences
• [35:29] – Ilya Shapiro interview: legal implications and breakdown
• [48:43] – Jason Furman interview: economic impacts and uncertainty

Tone and Language

Ben Shapiro maintains his signature quick-paced, articulate, and combative style, weaving legal and economic analysis with humor and pointed jabs at political hypocrisy—especially around the left’s and right’s shifting attitudes toward executive power. The discussion with his expert guests is pragmatic and focused on both constitutional principle and real-world consequence.

Conclusion: What’s Next?

• The ruling significantly curtails the President’s ability to impose broad, arbitrary tariffs without clear Congressional authorization.
• While targeted tariff powers remain, economic and political stability will hinge on how the administration adapts.
• The case marks a reinforcement of constitutional checks and balances—potentially limiting future Democratic or Republican executive overreach.

“Powers delegated to the executive branch do not flow back to the legislative branch very often. You’re going to like those limits when they are applied to a president of a party to which you do not belong.”
—Ben Shapiro [54:20]

Useful for listeners seeking a robust, digestible synthesis of a historic Supreme Court decision, this episode provides clarity on constitutional law, American trade policy, and the battle over separation of powers in Washington.