Trump Tariffs May Return Through Other Means
In a 6-3 decision issued Friday, the court determined that Trump overstepped his powers by relying on the International Emergency Economic Powers Act (IEEPA) to justify broad import duties. The majority concluded that the US Constitution assigns tariff-setting authority to Congress rather than the executive branch.
Writing for the court, Chief Justice John Roberts emphasized that the framers entrusted the authority to impose tariffs “to Congress alone,” even when trade actions intersect with foreign policy concerns. While justices across ideological lines supported the outcome, three conservative members of the bench—Clarence Thomas, Samuel Alito, and Brett Kavanaugh—dissented.
The legal dispute stems from actions taken last year when Trump, after beginning his second term in office, proclaimed a “national emergency” on what he labeled “Liberation Day.” He argued that foreign governments were taking advantage of the United States in global commerce and cited the IEEPA as the foundation for imposing wide-ranging tariffs.
Although the court’s decision prevents the use of IEEPA for such trade penalties, coverage by US media outlets noted that other congressional statutes could potentially serve as alternative bases.
One frequently cited option is Section 232 of the Trade Expansion Act of 1962. This provision allows tariffs to be imposed on imports deemed a threat to national security following an investigation by the Commerce Department. The mechanism was previously employed in 2018 to levy duties on steel and aluminum products, a move that withstood judicial scrutiny. Since then, Commerce Secretary Howard Lutnick has broadened the scope by including numerous derivative goods connected to those metals.
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