Justice Brett Kavanaugh, a Trump appointee, filed a dissent in the 6-3 Supreme Court decision clamping down on Trump’s ability to bypass Congress and levy tariffs unilaterally. Breaking with conservative Justices John Roberts, Amy Coney Barrett, and Neil Gorsuch, Kavanaugh expressed concern about practical consequences rather than legal precedent. He warned that while the ruling may not significantly restrict presidential tariff authority going forward, it will create “serious practical consequences in the near term.” Kavanaugh specifically worried about refunding billions of dollars collected from importers, noting the Court offered no guidance on whether or how the government should return the funds. He acknowledged during oral argument that the refund process would likely be a “mess.” Kavanaugh’s dissent focused on administrative burden rather than constitutional grounds for Trump’s tariff authority.
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