Business
Trump warns US could be left ‘defenceless’ if Supreme Court overturns global tariffs
US President Donald Trump has cautioned that the United States could be left “defenceless” and “reduced to almost Third World status” if the Supreme Court overturns his sweeping global tariffs. The warning came as justices appeared sceptical during oral arguments on Wednesday about his claims of near-unlimited authority to impose tariffs.
Despite the court’s doubts, trade experts say Trump would still have multiple legal tools to continue taxing imports even if his emergency powers are curtailed. “It’s hard to see any pathway here where tariffs end,” said Kathleen Claussen, a trade law professor at Georgetown University. “He could rebuild the tariff landscape using other authorities.”
Tariffs have become a key element of Trump’s foreign and economic policy in his second term. Since returning to the White House, he has imposed double-digit “reciprocal” tariffs on most countries, declaring America’s trade deficits a national emergency. The average US tariff now stands at 17.9%, up from 2.5% in January, according to Yale University’s Budget Lab — the highest level since 1934.
At the hearing, Neal Katyal, representing small businesses challenging the tariffs, argued that Trump’s use of the 1977 International Emergency Economic Powers Act (IEEPA) went far beyond what Congress intended. He noted that Congress had already delegated tariff powers through other, more limited laws. “Congress knows exactly how to delegate its tariff powers,” Katyal said.
Even if the Supreme Court restricts his use of emergency powers, Trump could turn to several other laws to keep tariffs in place. Section 301 of the Trade Act of 1974 allows the United States to impose duties on countries engaged in “unjustifiable” or “unreasonable” trade practices. Trump has used it extensively against China, including tariffs on a wide range of goods during his first term. These measures can last four years and be renewed indefinitely.
Another option is Section 122 of the same act, which lets the president impose tariffs of up to 15% for 150 days in response to trade imbalances. Though never used before, this provision requires no investigation before implementation.
Trump has also relied heavily on Section 232 of the Trade Expansion Act of 1962, which allows tariffs on imports deemed a threat to national security. Using this authority, he has imposed duties on steel, aluminium, and even furniture, a move that critics argue stretches the definition of “security.” Courts are generally reluctant to question presidential determinations in this area, giving the White House considerable latitude.
Some advisers have floated an even older tool: Section 338 of the Tariff Act of 1930, part of the infamous Smoot-Hawley legislation that deepened the Great Depression. The clause permits tariffs of up to 50% against countries that discriminate against US businesses. Though it has never been used, Treasury Secretary Scott Bessent recently described it as a potential “Plan B” should the Supreme Court strike down Trump’s emergency tariffs.
“To be the first president ever to use it could have some cachet,” said John Veroneau, a former US trade official. For now, Trump’s message to the court — and to trading partners — is clear: even if one door closes, he intends to keep the tariff war alive.
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