February 20, 2026

Earlier today, the Supreme Court ruled 6-3 that Donald Trump's tariffs were illegal and violated the U.S. Constitution. To anyone paying attention to the legal arguments, this was not a surprise.

As this case progressed through the courts, judges of all political and ideological backgrounds took issue with Trump's unilateral assertion of executive power over the power to levy taxes — something the Constitution explicitly reserves for Congress. Conservative legal scholars joined others in criticizing the president's actions.

Yet Trump's reaction was his usual mix of lies, bluster and incoherence. In the hours following the decision, Trump called the justices who voted in the majority "fools and lap dogs," "unpatriotic and disloyal," and "a disgrace to our nation." He also said that two of the conservative justices were "an embarrassment to their families" and accused the Supreme Court of being "swayed by foreign interests."

The vice president, a Yale-trained lawyer who knows better, accused the Supreme Court of "lawlessness, plain and simple."

Though clearly upset with the outcome, Trump remained defiant. When asked whether he plans to go to Congress as required by the Constitution, the president falsely insisted: "I don't have to. I have the right to do tariffs."

For now, I will set aside the lingering question of whether the president can impose tariffs under different statutory authority. Though important for the economy, that question matters less to the issue of the rule of law and democracy.

We have become inured to Trump saying defamatory things about his political opponents. Sadly, we no longer flinch when he lies and disparages our longest-standing world allies. We have even watched as MAGA has tried to normalize attacks on ordinary citizens exercising their First Amendment rights.

But today was something new. I am not suggesting that attacking the Supreme Court is worse than Trump's other vile efforts — it is not. Nor is it surprising. Indeed, it is precisely the fact that this is neither the worst thing Trump has said nor entirely unexpected that makes it worth calling out for examination.

We have come to expect Trump to falsely smear anyone who disagrees with or inconveniences him, just as we expect him to shower praise on anyone who flatters him.

Too often, the people and institutions under attack decide the best course of action is to stand down, stay quiet and wait for it to blow over. This failure to stand tall and fight back may or may not suit the needs of any one person, but collectively it is destroying our democracy — because it encourages others to stay silent as well. Even worse, it incentivizes proactively collaborating with Trump for personal advantage.

For example, when a Republican candidate in a GOP primary is attacked by Trump, that person typically absorbs it and tries to move on. Their opponents, however, see an opportunity to become even more MAGA in order to curry his favor. The result is more Trump sycophants in Congress.

The consequences have been clear. Under GOP control, Congress no longer seeks to protect its own constitutional role. It has surrendered its prerogatives to the executive branch and ceased to serve as either a check on the president's power or a counterweight to the White House's assertions of authority.

The same is true in the private sector. When the first Big Law firm was attacked by Trump, the others stayed silent — but soon, large firms were seeking out Trump to cut deals and bolster their perceived ties to the administration. We have seen this same pattern play out across nearly every aspect of our society: foreign leaders, corporate CEOs and media outlets alike.

Now it is the Supreme Court's turn. Over the past year, we have watched justices fail to offer full-throated defenses of lower court judges smeared by Trump and his allies. It is no surprise that the attacks have now landed squarely at their own doorstep.

I have always been realistic about the capacity of this country's elites to rationalize Trump's behavior and ignore its consequences, so I am not optimistic that individual justices — or the Court as an institution — will push back against his latest lies.

No doubt the liberal justices will stay silent out of concern that speaking out will "politicize" the Court. The three conservatives who voted against Trump will rationalize their silence as the price of maintaining judicial neutrality. And worst of all, the three conservatives who voted with Trump — and were praised by him — will not publicly condemn his remarks for fear of drawing his fire.

Today's ruling on tariffs was a vindication of the rule of law as it relates to the federal government's taxing power. I fear, however, that in the longer war for democracy, it will prove to be a setback — because we will likely see yet another pillar of our government surrender to Trump's lies.