US Supreme Court Strikes Down Trump Tariffs, Congress Urged to Reclaim Trade Authority
The U.S. Supreme Court in February struck down President Donald Trump’s sweeping “Liberation Day” tariffs, which were imposed under a broad interpretation of the International Emergency Economic Powers Act. The ruling was hailed by commentators as a major check on executive power, but Trump has already begun using other legal authorities to reimpose many of the tariffs. Analysts argue that only Congress can resolve the underlying crisis by overhauling outdated tariff laws and reclaiming its constitutional role in trade policy.
The U.S. Supreme Court in February struck down President Donald Trump’s sweeping “Liberation Day” tariffs, which he had justified using a broad interpretation of the International Emergency Economic Powers Act (IEEPA). The ruling drew immediate reaction from commentators. CNN host Fareed Zakaria said the decision was “perhaps the biggest blow of his second term.” New York Times columnist David French said the case “may prove to be the most important Supreme Court decision this century.”
Despite the ruling, Trump is already using other legal authorities to reimpose many of the tariffs that were struck down. The last significant legislative revision to executive tariff authority came in 1988 with the Omnibus Trade and Competitiveness Act. Since 2011, Congress has approved only one conventional foreign trade accord: the U.S.-Mexico-Canada Agreement in 2020.
Trump has made unprecedently broad use of the 1962 Trade Expansion Act to limit imports of steel, automobiles, lumber, and pharmaceuticals. In March, the Trump administration launched 76 investigations under Section 301 of the Trade Act of 1974, covering 60 economies that account for about 99% of U.S. trade. The Biden administration had previously invoked Section 301 to align tariffs on Chinese goods with its industrial policy agenda. Trump imposed tariffs on imported wood products in December, citing national security under Section 232. By the time the Supreme Court intervened, the average U.S. tariff rate after Trump’s actions was higher than at any point since the end of World War II.
Trump also used the IEEPA to impose tariffs on Brazil after its supreme court ruled against former President Jair Bolsonaro, a Trump ally. The European Union, after criticizing U.S. steel tariffs, is now seeking to double its own duties on steel to 50%.
Analysts argue that only Congress can resolve the underlying crisis by overhauling outdated tariff laws and reclaiming its constitutional role in trade policy. The article argues that Congress must pass new laws giving the president selective tariff powers while narrowing existing authorities to prevent executive overreach.