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
Ethanol producers face a widening opportunity window as aviation and marine fuel markets expand, with the potential to add billions in demand if policy and certification align.
All eyes will be on today’s Cattle on Feed Report, which analysts say could give a clearer picture of where the market goes next.
Corn and beef exports showed strong momentum, cotton sales surged, and soybean sales held steady, though China remains absent from the U.S. market.
Cheaper freight is helping exports move, especially corn, but weaker soybean demand looms large.
Disease risks remain a key factor to watch heading into fall.

LATEST STORIES BY THIS AUTHOR:

AFBF Economist Danny Munch shares how passing the Whole Milk for Healthy Kids Act could give the dairy industry a needed boost.
Jan and Erin Johnson also join FarmHER + RanchHER host Kirbe Schnoor on this week’s Dirt Diaries podcast to dig in on entrepreneurship, legacy, and letting go.
Texas Cattle Feeders Association Chairman Robby Kirkland explains how the ongoing U.S.-Mexico border closure impacts feed yards that rely on Mexican cattle due to the New World Screwworm.
While the U.S.-China framework for soybean trade is in place, Ohio farmer Chris Gibbs tells us he will believe it when he sees it.
Global nitrogen and phosphate prices remain high despite improved supply fundamentals, with limited Chinese exports and stronger fall applications tightening availability.
The Court may limit emergency tariff powers, complicating a key bargaining tool; ag could see shifts in input costs and export dynamics as China, Brazil, and India talks evolve.