Are President Trump’s tariffs too big to fail at the Supreme Court?
Reporter Maureen Grope explains the importance of the Supreme Court hearing the tariff case that could define President Trump’s term in office.
WASHINGTON – Treasury Secretary Scott Bessent announced Monday, Nov. 3, that he will appear this week at a Supreme Court hearing on the legality of President Donald Trump’s tariff policies, which the Treasury secretary called “a matter of national security.”
“I’m actually going to go and sit down, preferably in the front row, ringside,” Bessent said on Fox News’ “Jesse Watters Prime Time.” “This is a national security issue.”
President Trump said in a social media post on Nov. 2 that he will not attend Supreme Court oral arguments on the legality of tariffs on imports from other countries. Asked whether appearing before the Supreme Court could be seen as a potential threat, Bessent said: “I emphasize that this is an economic emergency.”
Bessent told Reuters he expected the Supreme Court to uphold tariffs under IEEPA. But Mr. Bessent said in an interview that if tariffs were lowered, the administration would simply switch to other customs authorities, such as Section 122 of the 1974 Trade Act, which allows broad-based tariffs of 15% for 150 days to calm trade imbalances.
Bessent said Trump could also invoke Section 338 of the Tariff Act of 1930, which allows countries to impose tariffs of up to 50% on countries that discriminate against U.S. trade.
“You have to think they’re here to stay,” Bessent said of President Trump’s tariffs.
Bessent added that countries that signed tariff-cutting trade deals with President Trump “should honor those agreements.” Those who have made a good deal should continue to do so.
The Supreme Court case targets only some of the tariffs President Trump imposed this year. The administration already uses other authorities regarding certain tariffs. He has been busy racking up tariffs under Section 232 of the Trade Expansion Act of 1962, which involves national security concerns to protect strategic sectors such as automobiles, copper, semiconductors, pharmaceuticals, robotics, and aircraft, and Section 301 of the Trade Act of 1974, which involves investigating unfair trade practices.
“The current administration is addressing tariffs as a cornerstone of economic policy, and businesses and industries need to plan accordingly,” said Tim Brightbill, co-chair of law firm Wiley Lane’s trade law practice in Washington.
Contributor: Kanishka Singh, Reuters; Bert Jensen, USA TODAY
