How Trump's Protectionist Trade Regime Could Survive a U.S. Supreme Court Setback

International Trade attorney Patrick Childress was quoted in an article published by The Global and Mail examining how the Trump Administration could maintain its tariff-heavy trade agenda even if the U.S. Supreme Court strikes down tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The article explained that though a ruling against the administration could temporarily reduce the tariff burden and raise questions about potential refunds for importers, the White House may move quickly to rebuild much of the framework using other statutory authorities, including Sections 232, 301 and 122. Mr. Childress echoed this, noting any pause in tariffs could be brief.

"I do think that if the Supreme Court were to strike down the IEEPA tariffs there would be some period where the overall tariff burden on goods being imported into the United States would be lower. But I don't think that that period is going to last very long," he said.

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