 The White House isexploring how to keep Trumps tariffs if the Supreme Court strikes them down |
Source |
American Shipper |
Post Date |
09/11/2025 |
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There are at least twoother laws that President Donald Trump could use to continue his tariff aga,though neither is as quick as the current authority he is using.
WASHINGTON ?After losingin lower courts, President Donald Trump plans to take his case for theauthority to unilaterally impose tariffs to the Supreme Court and the publicsquare.
But his aides have alsoexplored native methods for imposing import taxes on foreign goods,according to a senior White House official and two people familiar with theinternal discussions.
The backup plans have beenpart of internal discussions for many months because some White House officialsanticipated the possibility that courts would intervene to stop Trumpstariffs, challenging the method he used to impose them ?which was pushed bysenior trade counselor Peter Navarro ?according to two people familiar withthe dynamics.
Trump has not been able touse tariffs to force better trade terms with as many foreign nations as quicklyas he would have liked, and the court battle could further delay thosenegotiations.
But even if the SupremeCourt turns Trump down, he?l be ready to move forward with other tariffoptions, these people said.
On Wednesday, Trump askedthe Supreme Court to quickly review an appeals court ruling that a 1970snational security law, the International Emergency Economic Powers Act (IEEPA),does not grant the president the power to set tariffs.
In a 7-4 decision, themajority of judges on the U.S. Court of Appeals for the Federal Circuit ruledthat while the law, which Trump cited in a series of utive orders settingtariffs, gives the president significant emergency powers, ?one of these explicitlyinclude the power to impose tariffs, duties, or the power to tax.?
Trump allies say they areconfident that the Supreme Court, where three of the six Republican-appointedjustices were picked by Trump in his first term, will provide a more favorableinterpretation of the utive? authority. One Republican operative who isclose to the White House described a court that will be looking for ajustification to preserve or expand the president? power, rather than a reasonto limit it.
Even if the justices up letting the appellate court? opinion stand, Trump has a series of optionsfor pursuing tariffs through a series of laws in which Congress has delegatedits constitutional power to levy tariffs to the president.
The one that has receivedthe most attention is Section 232 of the Trade Expansion Act of 1962, whichempowers the president to adjust duties on specific goods ?o that such importswill not so threaten to impair the national security?after an administrationinvestigation of trade practices. Many of Trump? current and ping tariffs,on items like steel, aluminum and cars, fall under Section 232 and would not bedirectly affected by an adverse ruling on his use of IEEPA.
Another one, Section 301of the Trade Act of 1974, gives the U.S. trade representative authority toprobe whether U.S. rights are being denied under any trade pact and, at thedirection of the president, take lawful actions to rectify that. With the president?tariff powers in question, it is not clear how Section 301 could, or would, beused to implement tariffs.
Neither of those lawsprovides for the kind of expedited, wave-of-the-hand tariff authority thatTrump sought through IEEPA, and each comes with its own drawbacks ?legal andlogistical ?as Trump tries to use the force of duties to give America a strongerhand in international trade.
Still, those other avenuesare a big reason that some foreign officials say they are not adjusting theirstrategies based on the most recent court ruling or the possibility that theSupreme Court might overturn it.
?t doesn? changeanything,?one foreign government official said. ?ou cannot go into anegotiation expecting that something from the outside will present a turningpoint.?
Regardless of the courtoutcome, the Trump administration will make the case to the public that Trumphas a national security prerogative to continue levying tariffs, the seniorWhite House official said. Trump has used tariffs to attempt to compel othercountries, including Russia, India and Pakistan, to or avoid wars.
But the uncertaintiesaround various aspects of Trump? tariff policies ?including the court fightand looming Section 232 investigations at the Commerce Department ?aredelaying the administration? ability to cut deals with foreign countries,according to a person close to the White House who works on trade issues.
?he whole thing is sortof interwoven together,?this person said. ?t? made it incredibly hard forthe negotiators to land some of these agreements.?
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