...
By Gabe Whisnant
News Editor
0
Share
Newsweek is a Trust Project member
See more of our trusted coverage when you search.Prefer Newsweek on Googleto see more of our trusted coverage when you search.
President Donald Trump said Thursday that if the Supreme Court rules against his tariff policy, his administration will have to develop a new plan.
The justices appeared skeptical Wednesday of Trump’s broad claim that he has the authority to impose tariffs at his discretion.
Asked about the high court’s hearing on the tariffs, Trump said, “We did very well yesterday,” but warned that a decision against him would be “devastating for our country.”
Read More on Politics
“I also think that we’ll have to develop a game two plan,” he added. “We’ll see what happens.”
His comments came a day after Treasury Secretary Scott Bessent declined to say whether the administration had a contingency plan, telling reporters, “We’re not going to discuss that now.”
...
Trump's Tariff Options if Supreme Court Rules Against Him
If the Supreme Court strikes down President Trump’s sweeping tariff powers, trade experts say he still has multiple ways to keep taxing imports and reshaping global commerce.
Trump has warned that a ruling against him would leave the United States “defenseless” and risk turning it into a “Third World” nation. But even without emergency powers under the 1977 International Emergency Economic Powers Act, he could rely on other long-standing trade laws that grant presidents limited authority to impose tariffs.
One option is Section 301 of the Trade Act of 1974, which lets the White House impose tariffs on nations engaged in “unreasonable” or “discriminatory” trade practices. Trump used the same law in his first term to target China, imposing billions of dollars in duties over alleged theft of U.S. technology. Although the process requires a formal investigation and public hearings, Section 301 tariffs can be broad in scope and last for years.
Ryan Majerus, a partner at King & Spalding and a trade official in Trump's first administration and in Biden's, told the Associated Press, “You’ve had Section 301 tariffs in place against China for years."
Trump could also invoke Section 122 of the same act, allowing temporary tariffs of up to 15% for 150 days to address large trade deficits—one of his long-standing economic grievances. Though never used before, the provision would give Trump a fast way to reimpose duties while sidestepping congressional approval.
Another powerful tool is Section 232 of the Trade Expansion Act of 1962, which permits tariffs on imports that threaten national security. Trump relied on it in 2018 to tax steel, aluminum, autos, and other products, and experts say he could expand those measures further. Courts rarely challenge such actions because they fall under presidential authority to protect national defense.
Finally, Trump could reach back nearly a century to Section 338 of the Tariff Act of 1930, part of the infamous Smoot-Hawley law. That provision allows tariffs of up to 50% on countries that discriminate against U.S. goods, with no investigation or time limit required. While no president has ever used it, Trump’s advisers have floated it as a possible “Plan B” if his broader tariff powers are struck down.
Even if the Supreme Court curbs his current approach, experts say Trump’s determination and the range of available trade laws mean tariffs are unlikely to disappear.
What People Are Saying
Georgetown law professor Kathleen Claussen told the Associated Press, "It’s hard to see any pathway here where tariffs end. I am pretty convinced he could rebuild the tariff landscape he has now using other authorities."
Justice Neil Gorsuch, a Trump appointee, said during Wednesday's hearing, “Congress, as a practical matter, can’t get this power back once it’s handed over to the president. It’s a one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people’s elected representatives.”
House Speaker Mike Johnson said Thursday, “This is how the process works,. I’m sure the court will look at this very carefully and deliberately, and I expect a majority of the court will say this administration is doing what they have the legal authority to do.”
When Will Supreme Court Make Decision on Tariffs?
While a ruling is typically issued by the end of the high court's term in June 2026, the case has been expedited, and a decision could potentially come by the end of 2025. While no specific date has been set, court watchers say a decision could come sooner if the justices view the case as urgent given its potential economic impact. Until then, the administration’s tariff policy remains in effect pending the court’s final ruling.
Updates: 11/6/25, 4 p.m. ET: This article was updated with new information and remarks.
Updates: 11/6/25, 5:30 p.m. ET: This article was updated with new information and remarks.
This article includes reporting by the Associated Press.
View 0 Comments
Submit Correction
View Editorial & AI Guidelines