What are the options if the Supreme Court rules against the Trump Administration’s tariffs?

The Supreme Court could soon be nearing a decision in the coming weeks on President Trump’s trade policy.

Trump has been pleading in recent days on social media for the high court to overturn the lower court rulings, which called his use of these tariffs illegal, but ag lawyer Roger McEowen points out that the White House has options if justices are not on his side.

“There are other tools that are not subject to whatever the Supreme Court would say in this case. This only involves IEEPA tariffs. It doesn’t involve the other types of tariffs. But the basic question before the court is whether the president’s tariffs under the IEEPA, both the fentanyl tariffs on China and Canada, and the tariffs, the reciprocal tariffs on everybody, is that a legal use of the law.”

McEowen says if the Supreme Court rules against the Trump Administration, it could complicate a number of issues, starting with U.S. revenue streams.

“We have a huge rebalancing of world trade, both in converting some purchasing to domestic sources and at least moving lots of import purchases to other foreign suppliers. That moves away from China, which is our most dangerous enemy. And you have many trade deals that the President has already negotiated. Those differ wildly from country to country, and it opens up foreign markets to our goods and increases our exports in certain areas of the world. It’s a total rebalancing.”

Supreme court justices have been mulling this case over for some time now, but this week, Treasury Secretary Scott Bessent told Fox Business the ruling could come as soon as next month. Bessent also expects a new Fed Chair to be named around the same time, with current Chair Jerome Powell’s term ending in May.

Related Stories
Industry leaders say overseas markets remain critical as USDA pushes for broader export opportunities.
CME Group’s Fred Seamon joins us to break down the drop in farmer sentiment, discuss the role of input costs and global factors, and share his outlook for the ag economy ahead.
RealAg Radio’s Shaun Haney and other experts break down ongoing energy market volatility, its impact on producer decision-making, and key indicators farmers should monitor moving forward.
U.S. export inspections turned in another strong corn week.
The latest developments point to shifting export routes, higher congestion risk, and continuing cost pressure for grain, fertilizer, and energy shipments.
Industry leaders gather in Mexico City to strengthen trade and showcase product quality.

LATEST STORIES BY THIS AUTHOR:

Dr. Mark Svoboda with the National Drought Mitigation Center discusses a new global drought report and resources to help operations increase drought resilience.
Treat financial stress as a health risk—know the warning signs, normalize conversations, and connect farm families to local and national support early.
Congress has just over a month of working days left for the year. Plan for uneven USDA service until funding is restored, and closely monitor Farm Bill talks, as avoiding Permanent Law before January 1 is the single biggest risk to markets and milk prices.
Mexico’s tougher, two-step treatment and added checkpoints are catching cases before they can spread—good news for producers near the border.
Despite tariffs having a less significant impact on exports, corn producers struggle with tariff-related increases on inputs, which complicates their bottom line.
Jack Daniel’s will end its Cow Feeder Program, which served around 100 livestock operations near the distillery, and redirect spent grains to its anaerobic digester.