5 days ago
Fact-check: Trump claims ‘congressional action will not be necessary’ to save tariffs
From Tiana Lowe Doescher
Although the Supreme Court overturned the centerpiece of Trump’s sweeping, second-term tariff regime, the president insisted that not only would he manage to keep his tariffs in place but also that “congressional action will not be necessary to do so.”
The nation’s highest court ruled that regardless of the national emergency used to justify his tariffs, the International Emergency Economic Powers Act does not ever confer the presidential power to invoke tariffs. Trump has replaced these IEEPA tariffs with the invocation of Section 122 of the 1974 Trade Act, which explicitly does permit the president to unilaterally impose tariffs, but only for a maximum of 150 days and only to rectify “large and serious” balance-of-payments deficits.
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Trump’s problems may begin long before that 150-day limit. While Trump may rail against the nation’s balance-of-trade deficit, the United States has a corresponding financial account balance, which in turn means that the U.S. has virtually zero deficit in its balance of payments.
While the Supreme Court majority was splintered across five separate opinions, not one of the justices in the majority argued that Congress gave away its Article I power to tax imports to the president under IEEPA. Perhaps there is a second law Trump can discover that allows him to do that indefinitely, but Section 122 is not it.
