"The truth, though, is that Trump will still have plenty of options to keep taxing imports aggressively even if the court rules against him. He can re-use tariff powers he deployed in his first term and can reach for others, including one that dates back to the Great Depression. "It's hard to see any pathway here where tariffs end," said Georgetown trade law professor Kathleen Claussen. "I am pretty convinced he could rebuild the tariff landscape he has now using other authorities.""
"At Wednesday's hearing, in fact, lawyer Neal Katyal, representing small businesses suing to get the tariffs struck down, argued that Trump didn't need the boundless authority he's claimed to impose tariffs under 1977 International Emergency Economic Powers Act (IEEPA). That is because Congress delegated tariff power to the White House in several other statutes - though it carefully limited the ways the president could use the authority."Congress knows exactly how to delegate its tariff powers," Katyal said."
President Donald Trump warned the United States could be rendered defenseless and nearly Third World if the Supreme Court invalidates tariffs imposed on nearly every country this year. Supreme Court justices expressed skepticism during oral arguments about his sweeping claims of unilateral tariff authority. Legal experts say Trump could still maintain aggressive import taxes by reusing authorities from his first term and invoking other statutes, including an authority dating to the Great Depression. Neal Katyal argued Congress has delegated tariff power to the executive in multiple statutes while Congress limited presidential use. Average U.S. tariffs rose from 2.5% to 17.9%.
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