December 13, 2025

What's Trump's Plan If the Court Strikes Down His Emergency Tariffs?

The Hill
Patrick T. Childress

International Trade attorney Patrick Childress wrote a column for The Hill breaking down President Donald Trump's options if the U.S. Supreme Court rules against his tariffs imposed under the International Emergency Economic Powers Act (IEEPA). Mr. Childress said he expects the administration to turn to Section 122 of the Trade Act of 1974 first, as that statute would enable swift implementation of new, temporary measures. He added the government could then initiate an investigation under Section 301 of the same law, which allows the Office of the U.S. Trade Representative (USTR) to impose tariffs in response to discriminatory or unreasonable trade practices, during the 150-day window for the Section 122 tariffs to be in effect. The article concludes by advising against putting too much stock in the Supreme Court's decision, given that fundamental changes to Trump's trade policy agenda are unlikely and viable alternatives to IEEPA tariffs exist.

READ: What's Trump's Plan If the Court Strikes Down His Emergency Tariffs?

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