Trump prepares alternative legal pathways to reimpose duties if Supreme Court blocks current measures

U.S. President Donald Trump is prepared to introduce a new wave of import tariffs using alternative legislative tools if the Supreme Court rules against his use of emergency powers to impose the current duties. This is reported by the Financial Times, citing diplomats and trade law experts familiar with the administration’s thinking.

According to the FT, the Supreme Court could as early as January issue a ruling on the legality of the president’s reliance on emergency authorities to levy tariffs on U.S. trading partners. Such a decision would put at risk a central pillar of Trump’s economic policy, which is built around aggressive trade protectionism.

However, diplomats and lawyers specializing in international trade argue that an adverse court ruling would not lead to the disappearance of tariffs. Instead, they believe the Trump administration has several contingency plans that would allow it to maintain tariff pressure by combining existing trade instruments with alternative legislative acts.

The specific laws that could be invoked will depend on the details of the Supreme Court’s decision. A source familiar with the administration’s position told the Financial Times that there is a range of legal mechanisms available that could be activated if the use of emergency powers is deemed unlawful.

“No one thinks the tariffs will simply vanish. They will just be reintroduced under a different name. The tariffs could be back in place the same day,” said Ted Murphy, a trade lawyer at Sidley Austin, as quoted by the FT, underscoring the administration’s determination to preserve its tariff policy regardless of the court’s ruling.

Tags: USA, duties