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
China’s cost advantage with Brazilian soybeans and vague public messaging leave U.S. export prospects uncertain heading into winter.
The request follows pressure from the American Sheep Industry Association (ASIA), which called for a formal investigation into whether lamb imports from Australia and New Zealand have cut into the U.S. market share.
David Hardin with the Indiana Soybean Alliance discusses USMEF’s push to open new global export markets for both meat and soy-based feed.
With the U.S.–Vietnam agreement nearing signature, U.S. cotton, corn, and soybean exporters could lock in new demand lanes just as global supply shifts.
The government reopens after 43 days. USDA resumes key reports, weighs farm aid, and watches China’s next move on U.S. soybean purchases.
RealAg Radio host Shaun Haney shares insights from a recent study, discusses EV market access in Canada, and highlights other market opportunities top of mind for Canadian producers.

LATEST STORIES BY THIS AUTHOR:

The U.S. Meat Export Federation plans to expand its global market presence in the New Year and says it is focusing its appeal on the growing middle class worldwide.
New World Screwworm cases in Mexico, including one within 200 miles of the U.S. border, are adding pressure to livestock markets and trade decisions.
Dr. Seth Meyer Concludes Service; Dr. Justin Benavidez Appointed USDA Chief Economist
USDA data indicates that 13.7 percent of U.S. households experienced food insecurity in 2024, the highest rate since 2014, even as most households remained food secure.
Weather, Tight Supplies, and Planning Shape Farm Decisions
Cotton demand depends on demonstrating performance and reliability buyers can rely on, not messaging alone.