Statement | Law and Justice

AFPI Responds to SCOTUS Ruling in Learning Resources v. Trump

Leigh Ann O’Neill February 20, 2026

Washington, D.C.—Today, Leigh Ann O’Neill, Chief Legal Affairs Officer at the America First Policy Institute (AFPI), issued the following statement in response to the Supreme Court’s decision in Learning Resources v. Trump:

“AFPI strongly supports the America First trade agenda and President Trump’s authority to defend American workers and supply chains. For decades, foreign competitors have exploited unfair trade practices while Washington looked the other way. President Trump changed that, and American workers are better off because of it.

While we disagree with the Court’s ruling regarding presidential authority under IEEPA, this decision does not weaken the case for tariffs or the President’s broader authority to use them. As AFPI argued in an amicus brief, the President retains clear authority to impose tariffs under other laws, including Section 338 of the Tariff Act of 1930. AFPI will continue to support the use of every lawful tool available to put American workers first. America First trade policies work, and we will continue fighting to ensure they endure."

In his dissenting opinion, Justice Kavanaugh referenced the president’s authority to issue tariffs under Section 338 and concluded, “So the Court’s decision is not likely to greatly restrict Presidential tariff authority going forward.”

AFPI proudly stands with President Trump on this issue and remains committed to advancing new policy solutions to strengthen American workers and build the strongest economy in the world.

Read AFPI’s commentary on preserving the successes of IEEPA, available here.

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