Supreme Court Justice Neil Gorsuch stunned MSNBC host Jonathan Capehart over the weekend with comments pushing back against President Donald Trump’s use of tariffs. The conservative justice, usually aligned with Trump priorities, seemed concerned that the executive branch was overstepping powers that belong to Congress, prompting Capehart to react on live TV: “Whoa.”
Liz Oyer, a former pardon attorney, appeared on MSNBC to break down what happened during a recent Supreme Court argument. She described it as “a really interesting argument at the Supreme Court this week that suggested that a couple of conservative justices may join the liberals in striking down Donald Trump’s tariffs.”
Oyer focused specifically on Gorsuch’s remarks, which she called “the most stunning comments.” She explained, “I mean, we won’t know until we actually see the ruling, but the arguments certainly suggested that a couple of judges are very interested in potentially striking this down. And the most stunning comments came from Neil Gorsuch, who is a strong conservative member of the court, who made a comment indicating that he believes that the Trump presidency has been gradually but steadily taking too much power away from the legislature. Congress.”
Oyer added that the Supreme Court seems to be emphasizing Congress’s constitutional role in taxation. “So the Supreme Court is sort of telegraphing that congress has the responsibility for taxation. Tariffs are a tax. And if we need to tariff other countries, it should be congress doing it, not the president.”
Gorsuch’s apparent pushback marks a rare moment where a conservative justice has signaled resistance to an executive overreach, highlighting ongoing questions about the limits of presidential power and the protection of legislative authority.
Watch the clip below:




