Chief Justice John Roberts doesn’t waste words.
His majority opinion in last week’s tariff ruling was, characteristically, a model of succinctness. In a mere 21 pages (Justice Neil Gorsuch’s concurring opinion, by contrast, clocked in at 46 pages, and Justice Brett Kavanaugh’s dissent at 63), he explained why, as a matter of statutory interpretation and the constitutional separation of powers, President Trump lacked the authority he had claimed, under the International Emergency Economic Powers Act, to impose a hodgepodge of tariffs on countries all over the world.
There was, however, one exception to the opinion’s conciseness: a meaty paragraph describing the roller-coaster course of Mr. Trump’s tariff regime. Here, with citations to seven separate executive orders omitted for the sake of readability, is the chief justice’s account:
Since imposing each set of tariffs, the president has issued several increases, reductions and other modifications. One month after imposing the 10 percent drug trafficking tariffs on Chinese goods, he increased the rate to 20 percent. One month later, he removed a statutory exemption for Chinese goods under $800. Less than a week after imposing the reciprocal tariffs, the president increased the rate on Chinese goods from 34 percent to 84 percent. The very next day, he increased the rate further still, to 125 percent. This brought the total effective tariff rate on most Chinese goods to 145 percent. The president has also shifted sets of goods into and out of the reciprocal tariff framework ([e.g.,] exempting from reciprocal tariffs beef, fruits, coffee, tea, spices and some fertilizers). And he has issued a variety of other adjustments ([e.g.,] extending “the suspension of heightened reciprocal tariffs” on Chinese imports).
For all the attention the decision in this case, Learning Resources v. Trump, has received, this paragraph has gone largely unremarked. I understand why; it’s unnecessary to the opinion’s argument. If, as a matter of law, the tariffs are invalid, it doesn’t matter whether they were imposed sensibly or capriciously. The paragraph is, in a word, gratuitous, something that can rarely be said about a passage in a Roberts opinion. So what is it doing there?
The answer, I think, is that the chief justice is sending a message not necessarily or not only to Mr. Trump but also to the waiting world. Something along the lines of, “People, this is what we’re dealing with.” The point being not that “some fertilizers” are now exempt from reciprocal tariffs but that a reckless president is sowing chaos in America and around the globe.
We don’t need to know Chief Justice Roberts’s innermost thoughts about Mr. Trump — whatever they were before the president, in reaction to the tariff decision, described him and his majority as “fools” and “lap dogs” swayed “by foreign interests” — to discern his exasperation.