When you hear about tariffs, it may sound like political talk in Washington, but tariffs directly affect you every time you shop. They are import taxes, and when they go up, prices on goods like steel, aluminum, or even electronics can rise too. President Donald Trump has made tariffs a big part of his trade strategy, but the courts are questioning how much power he really has to keep them in place. So the big question is this: if the Supreme Court rules against him, can he still keep tariffs?
Why the Supreme Court is reviewing Trump’s tariff powers
Trump’s legal fight centers on the International Emergency Economic Powers Act (IEEPA). He used this 1970s law to justify setting tariffs through executive orders. But a federal appeals court decided the law does not actually give presidents the power to impose tariffs. In a 7–4 decision, the court ruled that while IEEPA allows presidents to act in emergencies, “none of these explicitly include the power to impose tariffs, duties, or the power to tax.”
Now, Trump has asked the Supreme Court to overturn that ruling. Allegedly, his allies believe the conservative-leaning court, with three justices he appointed, may interpret presidential powers more broadly. But if the justices agree with the lower court, Trump will lose this particular tool.
Recommended:
What other laws could Trump use to keep tariffs
Even if the Supreme Court strikes down his use of IEEPA, Trump has other options. Past presidents have relied on different trade laws that give the White House some tariff authority. The two most talked about are:
- Section 232 of the Trade Expansion Act of 1962. This lets the president raise tariffs on imports if they threaten national security. Trump already used this law for tariffs on steel, aluminum, and potentially cars.
- Section 301 of the Trade Act of 1974. This allows the U.S. trade representative, under presidential direction, to respond to unfair trade practices or violations of trade agreements.
Both laws could still give Trump ways to impose tariffs, but neither provides the same quick, sweeping authority he tried to claim under IEEPA.
How fast could Trump act if the court blocks him
Here is the key difference. The IEEPA route would have allowed Trump to impose tariffs almost immediately, by declaring an emergency. Section 232 and Section 301 take longer. They require investigations, reports, and official findings before tariffs can be applied.
That means Trump could keep pushing for tariffs, but he would face delays. The process would not be as simple as signing an executive order overnight. This could slow down negotiations with countries like China, India, or even allies in Europe, where trade talks are already sensitive.
Recommended:
Why this matters for trade negotiations
Foreign governments are watching closely. Some officials have said they are not changing their strategies based on the court case, because they know Trump has backup options. One foreign government official put it bluntly: “It doesn’t change anything. You cannot go into a negotiation expecting that something from the outside will present a turning point.”
In other words, whether Trump wins or loses in court, other countries are assuming he will keep looking for ways to pressure them with tariffs. But the legal uncertainty makes it harder for U.S. negotiators to strike new trade deals. Allegedly, one person close to Trump’s trade team admitted, “The whole thing is sort of interwoven together. It’s made it incredibly hard for the negotiators to land some of these agreements.”
What it means for you
For everyday Americans, this legal fight might sound far away, but it impacts the cost of living. If tariffs stay in place, or new ones are added, companies often pass those costs on to you in the form of higher prices. If the Supreme Court limits Trump’s power, tariffs may take longer to roll out, but that does not mean they will disappear.
So, can Trump keep tariffs if the Supreme Court strikes them down? Yes, but not in the same fast and aggressive way. He would have to lean on older laws, which give him authority but also tie his hands with more steps and delays.
Related article:
More change at the IRS: Trump removes Billy Long after just two months in the job
Trump takes tariffs fight to US Supreme Court
