The Supreme Court Ruled Against Trump's Tariffs. Now What?

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Thanks for reading! If you haven’t subscribed, please click the button below:Subscribe nowBy subscribing, you’ll join over 75,000 people who read Apricitas!Yesterday, the Supreme Court struck down the majority of Trump’s tariffs in the largest legal blow to Trump’s 2nd-term economic policy. “The Framers gave ‘Congress alone’ the power to impose tariffs during peacetime,” said Chief Justice Roberts, “and the foreign affairs implications of tariffs do not make it any more likely that Congress would relinquish its tariff power through vague language, or without careful limits. Accordingly, the President must ‘point to clear congressional authorization’ to justify his extraordinary assertion of that power. He cannot.”The court thus ruled that the International Emergency Economic Powers Act (IEEPA) did not give the president the authority to impose tariffs, meaning all of the country-level tariffs—50% on Brazilian goods, 15% on imports from the EU, etc—have been rendered null and void. The sectoral tariffs on steel, aluminum, cars, furniture, and other goods used the more legally robust Section 232 national security tariff authority from the 1962 Trade Expansion Act and will thus stay in place unchanged, as will the Section 301 tariffs used primarily against China that predate 2025. Yet the country-level tariffs made up the vast majority of Trump’s overall trade war, representing roughly 73% of the total new tariff revenue since he returned to office. However, the White House and Supreme Court both knew that “many current federal laws continue to grant the President expansive ta…