Marketplace Morning Report

Supreme Court strikes down Trump's tariffs

8 min
Feb 20, 2026about 2 months ago
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Summary

The Supreme Court ruled 6-3 that President Trump's tariffs were illegal under the International Emergency Economic Powers Act, potentially affecting billions in collected revenue. The episode also covered slower-than-expected economic growth at 1.4% GDP, Goldman Sachs ditching diversity criteria under Trump administration pressure, and federal lawmakers debating safety regulations for autonomous vehicles operating across multiple states.

Insights
  • Tariff costs are primarily borne by U.S. businesses and consumers (90%), not foreign exporters, according to Federal Reserve data
  • Companies are navigating conflicting pressures between federal government threats and shareholder/consumer expectations on DEI initiatives
  • Autonomous vehicle rollout has exposed gaps between state-level deployment and federal regulatory frameworks, creating safety and operational challenges
  • Economic growth slowdown was partially attributed to government shutdown reducing measurable economic activity despite continued spending
  • Some companies are rebranding DEI efforts using alternative terminology rather than abandoning diversity initiatives entirely
Trends
Federal regulatory lag in autonomous vehicle safety standards despite widespread commercial deploymentCorporate DEI rollback trend driven by Trump administration pressure and threat of federal retaliationTariff policy uncertainty creating refund liability concerns for U.S. Treasury with potential multi-billion dollar consequencesShift from explicit DEI language to alternative terminology like 'belonging' and 'inclusion' as regulatory workaroundAutonomous vehicle companies operating in 25+ states without consistent federal safety requirementsEconomic growth deceleration linked to government operational disruptions and reduced productivity measurementShareholder activism on both pro-DEI and anti-DEI sides creating impossible positioning for corporate boardsSelf-driving car incidents revealing critical gaps in handling emergency response scenarios and infrastructure failures
Topics
Supreme Court Tariff RulingInternational Emergency Economic Powers ActTariff Refund LiabilityGDP Growth and Economic SlowdownGovernment Shutdown Economic ImpactCorporate Diversity and Inclusion (DEI) RollbackFederal DEI Pressure and Corporate ResponseAutonomous Vehicle Safety RegulationFederal AV Oversight and LegislationSelf-Driving Car Deployment ChallengesAV Safety Case RequirementsWaymo Robotaxi OperationsSan Francisco Transportation DisruptionShareholder Activism on DEIState vs. Federal Regulatory Patchwork
Companies
Goldman Sachs
Ditching diversity criteria for its board under Trump administration pressure, according to published reports
Waymo
Operating driverless taxis in multiple states; experienced operational failures during San Francisco power outage
May Mobility
AV company advocating for federal safety case requirements to standardize autonomous vehicle validation processes
People
Justice Brett Kavanaugh
Authored Supreme Court opinion noting that multi-billion dollar tariff refunds would have significant Treasury conseq...
Jeffrey Tumlin
Led San Francisco's transportation agency; described chaotic AV rollout with vehicles entering emergency scenes unpre...
Senator Ted Cruz
Advocated for federal AV oversight to prevent fragmented state laws and ensure safety and competitiveness
Carlos Chapman
SMU analyst noting that high-profile DEI rollback announcements are headline-generating but may not reflect actual co...
Atanuke Adediran
Fordham researcher recommending focus on company actions rather than statements regarding diversity initiatives
Mae McDonald
Wharton School professor noting federal retaliation threats deter companies and shareholders from supporting DEI efforts
John Solorzano
Vinson & Elkins DEI consultant describing impossible corporate positioning between federal pressure and consumer expe...
Matthew Wood
VP of autonomy at May Mobility; explained need for consistent, mandatory federal safety case requirements for AVs
Christopher Lowe
FHN Financial analyst explaining how government shutdown reduced measurable economic activity in Q4 GDP calculations
Quotes
"President Trump had no legal right to impose many of those tariffs the way he did."
David BrancaccioOpening
"U.S. businesses and consumers end up shouldering nearly 90 percent of the cost of all import taxes."
Nancy Marshall-GenzerTariffs segment
"Refunds of billions of dollars would have significant consequences for the U.S. Treasury and the process would likely be a mess."
Justice Brett KavanaughTariffs segment
"Without federal oversight, we risk a fragmented patchwork of state laws that could undermine safety, innovation, and American competitiveness."
Senator Ted CruzAV regulation segment
"You're trying to avoid being kind of targeted by the federal government, but at the same time, you're also not trying to be boycotted by your core customer base or consumer base."
John SolorzanoDEI segment
Full Transcript
President Trump had no legal right to impose many of those tariffs the way he did. I'm David Brancaccio in Los Angeles. The U.S. Supreme Court just ruled that the cornerstone of the president's tariff policy is illegal. The 6-3 ruling says the International Emergency Economic Powers Act is not designed for this. Among tariffs rendered illegal are the ones Trump announced last April on what he called Liberation Day. Marketplace's Nancy Marshall Genzer covers Washington. The tariffs now ruled illegal increased prices for consumers. A report from the Federal Reserve Bank of New York says U.S. businesses and consumers end up shouldering nearly 90 percent of the cost of all import taxes. Some businesses are vowing to go to court to get a refund. An enormous amount of money has been collected by the U.S. Treasury under these tariffs, which are now deemed illegal. We don't know yet if that money will be refunded, and if so, how. In the opinion, Justice Brett Kavanaugh notes that refunds, if it comes to that, would be an issue. He adds that, quote, refunds of billions of dollars would have significant consequences for the U.S. Treasury and the process would likely be a mess. I'm Nancy Marshall-Genzer for Marketplace. President Trump has other tools under law to reimpose some tariffs without prior consent of Congress, but at least one key strategy would need congressional approval after some months had passed. What a miss. The economy grew at less than half the rate expected as 2025 wound down. That's from today's calculation of gross domestic product, which grew at an annual rate of 1.4 percent in the October to December quarter when economists were expecting twice that. Christopher Lowe of FHN Financial. Government shutdown, in a nutshell, it's because we measure government activity based on the money they spend. And usually that works really well. But of course, with the government shutdown for half of the quarter and non workers literally not allowed to do any work but still paid for it well there was a big increase in spending that did not translate into production One of the most powerful players on Wall Street this is Goldman Sachs, is ditching its diversity criteria for its board, according to multiple published reports. There's pressure against these principles by the Trump administration, yet studies indicate that workplaces that include more women, people of color, LGBTQ people and those from other marginalized groups are more productive, innovative, and profitable. Here's Marketplace's Carla Javier. Carlos Chapman at SMU says a lot of the high-profile announcements and DEI rollbacks are kind of lightning rod headline generating activity. So instead of listening to what companies say, Atanuke Adediran at Fordham says watch what they do. Some are indeed backing away from diversity efforts. But in other cases... Companies are, you know, replacing words like equity with belonging, inclusion, etc. Companies are making these moves because they're afraid that the federal government will retaliate against them if they don't. Mae McDonald at the University of Pennsylvania's Wharton School says that threat... It introduces direct costs that I think scares a lot of companies from being vocal and scares a lot of shareholders from being vocal in this space right now. Some shareholders have pressed companies to abandon diversity initiatives, but others see value in them. McDonald says even in this environment, pro-DEI shareholders... Can have conversations behind closed doors with board leaders. Companies that are trying to navigate these waters have a lot of conflicting forces to take into consideration, says John Solorzano of Vinson & Elkins, who consults firms on DEI issues. You're trying to avoid being kind of targeted by the federal government, but at the same time, you're also not trying to be boycotted by your core customer base or consumer base. And then there have been some pretty high-profile companies that have been targeted both on the left and the right. which Solarzano says puts companies in an impossible position I Carla Javier for Marketplace These days, my Los Angeles neighborhood runs thick with driverless Waymo taxis. There was an empty one creepily staring at me on my street when I left the house in the wee hours today. Fully self-driving cars are operating in more than two dozen states, but federal rules have not kept up. Now federal lawmakers are weighing multiple bills focused on safety. Julia Picard has the story. Last December, during a power outage in San Francisco, an observer filmed lines of Waymo robotaxis stopped in their tracks and posted it to social media. Someone's going to set this thing on fire if it doesn't move you. Traffic lights, which guide the self-driving cars, had gone dark. Not knowing what else to do, the cars just bricked. Autonomous vehicles, or AVs, have been picking up passengers on the streets of San Francisco since 2022. Jeffrey Tumlin led San Francisco's transportation agency. He says the rollout was chaos. AVs driving straight into emergency response scenes because they didn't know what a fire truck or a fire hose really was. AVs driving into construction sites and into wet cement. Tomlin says before AVs scale further, they need to prove they can safely handle real-world complexity. And lawmakers in Washington agree. Multiple bills are being debated in Congress. Here's Senator Ted Cruz in early February. Without federal oversight, we risk a fragmented patchwork of state laws that could undermine safety, innovation, and American competitiveness. Federal regulation for vehicle design, construction, and performance already exist. They just haven't been updated for AVs. Federal regulation would require AV companies to submit a safety case showing Clear documentation and evidence that you follow the process and that you can articulate what the system is designed to do and that it has been validated for doing what it was designed to do. Matthew Wood is the vice president of autonomy, integrity, and validation at the AV company May Mobility. He says engineers already use safety cases, but federal regulation would make them consistent, mandatory, and enforceable. That means defining how a vehicle minimizes risk when something unexpected happens, from a sensor failure to a power outage or a protest in the street. What should the vehicle do if it doesn't know what to do? But even with federal safety requirements, city streets are still absorbing the steep learning curve of self-driving cars. As A-B companies strive to prove they're safe, it's worth mentioning. Human drivers kill over 40,000 people a year in the U.S. Whether federal regulation can reduce that toll without creating new risks is the question. I'm Julia Picard for Marketplace. Again, there's news the economy grew at an annual rate of just 1.4% last quarter compared to 4.4% in the summer. It's the Marketplace Morning Report from APM American Public Media. America's housing system is under strain from natural disasters to the rising cost of shelter. The challenges we face and the solutions we embrace will shape how we live for the next hundred years. I'm David Brancaccio, host of the Marketplace Morning Report, and I've been working with This Old House Radio Hour on a special podcast episode that explores how Americans are reimagining housing in this changing world. It's called Building Tomorrow. From wildfire-resistant houses in California to tiny home communities in Texas to a super-duper energy-efficient house in the Northeast, this special blends innovation, new business models, and personal stories to explore how resilience, affordability, and our climate reality are redefining what home looks like. To listen, go to Marketplace Morning Report in your podcast app.