Thursday, February 26, 2026

Trump tariffs are here to stay- Navarro

The US administration has been going out of its way to emphasise that the Supreme Court judgement striking down tariffs imposed by President Trump changes nothing. Tariffs will stay- and the trade deals done so far, including the one with India (done but not signed), will remain.

If anybody has doubts on this score, the article in FT by Peter Navarro should dispel these.  Navarro notes that the SC only struck down tariffs imposed under the International Economic Emergency Powers Act (IEPPA). It doesn't question the President's powers to impose tariffs using a variety of other laws.

The court did not declare tariffs unconstitutional. It did not strike down section 232 of the Trade Expansion Act. It did not invalidate section 301 of the Trade Act. It did not question the use of sections 122, 201 or 338. It did not revive the “nondelegation” doctrine. And only three justices relied on the “major-questions” doctrine, meaning the court created no sweeping precedent limiting presidential trade authority.  

In fact, even as the court struck down the IEEPA tariffs, it acknowledged that the president retains broad and powerful authority under numerous other statutes to impose tariffs.

......  Moreover, by narrowing the legal dispute in this case to the IEEPA alone, the court clarified the legal landscape. The authority under those other statutes is not in doubt. It is written clearly into law. That clarity will significantly strengthen the president’s tariff hand. 

The message is clear. President Trump will not back off from the tariff regime. Trump himself has clarified that the SC verdict will not change outcomes. He said at a press conference:

The India deal is on. All the deals are on, we're just going to do it a different way. 

And on Truth Social, President Trump posted:

Any Country that wants to 'play games' with the ridiculous supreme court decision, especially those that have 'Ripped Off' the U.S.A. for years, and even decades, will be met with a much higher Tariff, and worse, than that which they just recently agreed to. Buyer beware."

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