Administration Says High Court Unlikely to Void Trump Tariffs
Treasury Secretary Scott Bessent and U.S. Trade Representative say the Supreme Court will likely uphold or be countered if it strikes down Trump’s emergency tariffs.
Overview
Treasury Secretary Scott Bessent told NBC’s Meet the Press it is “very unlikely” the Supreme Court will overturn President Trump’s tariffs enacted under an emergency law.
The case centers on the International Emergency Economic Powers Act; lower courts found the statute does not clearly authorize broad tariffs and are under scrutiny.
Justices are expected to rule by the end of the term, possibly this week; repeated delays suggest internal debate over refunds and retroactive rebates for paid levies.
U.S. Trade Representative Jamieson Greer said the administration would immediately seek replacement tariffs under alternative statutes, including 1974 and 1930 trade authorities, if struck down.
Trump’s expansion of tariffs tied to Greenland negotiations has provoked a joint European response threatening retaliation and emphasizing Denmark’s sovereignty and territorial integrity.
Analysis
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Sources (3)
FAQ
The IEEPA is a U.S. law allowing the president to declare national emergencies and impose economic sanctions or controls on international transactions, but lower courts ruled it does not clearly authorize broad tariffs on routine trade, which is now under Supreme Court review.
Trump threatened 10% tariffs on Denmark, Norway, Sweden, France, Germany, the U.K., the Netherlands, and Finland, rising to 25% by June 1, unless a deal is reached for the U.S. to purchase Greenland.
Treasury Secretary Scott Bessent and U.S. Trade Representative Jamieson Greer state the Court is unlikely to overturn them, but if it does, the administration would immediately impose replacement tariffs using alternative laws like the 1974 Trade Act and 1930 Smoot-Hawley Tariff Act.
A ruling is expected by the end of the term, possibly this week including Tuesday or Wednesday sessions, though delays suggest debate and some forecasts point to later in the year.
A ruling against IEEPA tariffs could invalidate Trump’s Greenland threats short-term, require finding alternative authorities which takes time, and involve debates over refunds for paid levies.
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