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 exports are expanding on strong demand from Canada and Europe, while DDGS shipments remain broad-based and supportive for feed markets.
Dalton Henry, with U.S. Wheat Associates, joined RFD-TV to provide insight on what the pending trade frameworks may mean for American wheat growers.
A massive rail merger could significantly impact North American agriculture and trade flows.
Hunter Biram, an extension economist with the University of Arkansas, is tracking Mississippi River water levels as grain shippers shift their focus to transportation following the wrap-up of fall harvest.
Lewis Williamson with HTS Commodities shares an update on post-WASDE grain movement, with corn leading export momentum, soybeans steady, and wheat and sorghum continuing to move selectively.
China still has a long way to go before it meets its commitment to buy 12 million metric tons of U.S. soybeans this year.

LATEST STORIES BY THIS AUTHOR:

Roger McEowen, with the Washburn School of Law, offers an in-depth look at two of the top legal issues of 202. Today, he walks through last year’s Waters of the United States (WOTUS) ruling and “lawfare.”
Lewis Williamson of HTS Commodities joined us with an update on the historic winter storm impacts and his outlook on today’s ag markets.
Marilyn Schlake with the UNL Department of Agricultural Economics joined us for a closer look at the evolving role of livestock sale barns.
RFD NEWS correspondent Frank McCaffrey recently spoke with Dr. Mike Vickers, a South Texas rancher, who says illegal border crossings have dramatically declined in the last year.
Auction manager and West Texas A&M University student Presley Graves joined us to discuss the growth of StockShowAuctions.com and its impact on youth in agriculture.
Texas Farm Bureau President Russell Boening joined us with the latest update on storm conditions and impacts across the state.