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
Strong rail demand and higher fuel costs raise transportation risk even as barge and export flows stabilize.
Traders say that shift could eventually prompt the USDA to scale back soybean export projections, noting the outlook differs greatly for other grain commodities.
Often overlooked, cotton wholesalers act as stabilizers during market stress, translating fragmented retail demand into workable production programs for mills and manufacturers.
Early indications suggest the U.S. cattle industry may be nearing the end of its liquidation phase. Oklahoma State University livestock economist Dr. Derrell Peel says the industry could be at or near the cyclical low.
Reliable waterways lower costs, protect export demand, and support long-term farm profitability.
USDA Undersecretary for Trade and Foreign Agricultural Affairs Luke Lindberg joined us with a recap of the Malaysia trade mission and a look at USDA’s broader trade strategy moving forward.

LATEST STORIES BY THIS AUTHOR:

Securing Critical Water Resources for South Texas Agriculture
RealAg Radio host Shaun Haney says farmers there are already sounding the alarm about what this could mean for the future of ag research.
Global pork production is expected to rise in the first half of 2026, despite trade volatility stemming from shifting import policies and swine disease pressures.
Clear right-to-repair guidance reduces downtime, repair costs, and operational risk.
Tennessee State Veterinarian Dr. Samantha Batey joined us with the latest on biosecurity efforts and the state’s new “Know Before You Show” initiative.
Texas Agriculture Commissioner Sid Miller discusses the state’s latest efforts to prevent the New World screwworm from reaching Texas.