Law Professor’s Take on SCOTUS Tariff Decision Will Anger Dems

“The administration has other tools in its toolbox. It can actually impose tariffs under other statutes,” Turley said, adding that there’s plenty of runway for the Trump White House in this area of economic policy.

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Justice Brett Kavanaugh raised in a fiery dissent what he said would be “serious practical consequences” of the high court’s decision in terms of refunding illegitimately imposed tariffs. The majority did not address refunds, an issue now likely to be raised in lower courts.

“The United States may be required to refund billions of dollars to importers who paid the IEEPA tariffs, even though some importers may have already passed on costs to consumers or others,” Kavanaugh wrote. “As was acknowledged at oral argument, the refund process is likely to be a ‘mess.’”

Lawyers for the Trump administration have argued in lower courts that the IEEPA allows a president to act in response to “unusual and extraordinary threats” and in cases where a national emergency has been declared.

Trump says that deep and “sustained” trade deficits are a national emergency that is bad enough to let him use his emergency powers.

The DOJ asked the Supreme Court to keep the tariffs in place, saying that not giving Trump the power to set tariffs under IEEPA “would leave our country open to trade retaliation without effective defenses.”