Let's chill.
There’s a lot of noise today about the Supreme Court striking down some Trump tariffs. Let’s simplify this.
The Court did not strike down all of President Trump’s tariffs. It ruled that one specific law (the International Emergency Economic Powers Act (IEEPA)) wasn’t the proper statute for those particular tariffs.
That’s it.
This wasn’t a ruling against tariffs in general. It wasn’t a statement that the President lacks tariff authority. It was a technical decision about which law can be used.
Most of the Trump-era tariffs remain in place, especially those based on national security and unfair trade practices. This is key and was what he ran on.
What Trump Can Do
Use Section 301 of the Trade Act of 1974 to address unfair trade practices.
Use Section 232 of the Trade Expansion Act of 1962 to impose tariffs tied to national security.
Use Section 122 of the Trade Act of 1974 for temporary trade deficit measures (up to 15% for 150 days).
Reissue tariffs under a clearer statutory pathway identified by the Court.
What Congress Can Do
Clarify that IEEPA includes tariff authority.
Expand or reaffirm existing trade delegation statutes.
Pass legislation directly authorizing specific tariffs.
Codify current tariff structures to remove future legal challenges.
This is not a collapse of trade policy. It’s a narrowing of one legal pathway.
The tools are still there. The authority still exists. The strategy simply adjusts.