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By Jesus Mesa
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The U.S. Supreme Court struck down some of President Donald Trump's tariffs on Friday, but the administration already has a roadmap to bring them back. For months, officials quietly developed contingency plans, mapping out a web of alternative trade laws that could keep the president's tariff agenda alive.
Within hours of the ruling, Trump confirmed it himself. Speaking to reporters Friday afternoon, the president said he would be signing orders to restore tariffs using other authorities.
"Now I am going to go in a different direction," Trump said, noting the process would be "a little bit longer." He called the ruling "deeply disappointing" and said he was "ashamed of certain members of the court."
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Why It Matters
The 6-3 ruling dismantled the legal foundation for Trump's "Liberation Day" levies on most U.S. trade partners and the fentanyl-related duties on China, Canada and Mexico. But it did not end his ability to tax imports.
Chief Justice John Roberts wrote for the majority, joined by Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Amy Coney Barrett and Ketanji Brown Jackson.
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What To Know
The administration has at least four statutory pathways available—each with different speed, scope and legal exposure. Some are familiar tools Trump has used before. Others are untested, potentially more powerful, and come with significant legal risk.
Trump on Friday confirmed he is already weighing two of them — Section 122 and Section 301 — and said he would be signing orders imminently. Here is how they break down.
Section 122 — Trade Act of 1974
Trump said on Friday that he would rely on this authority to impose an across the board 10 percent global tariff. The provision allows tariffs of up to 15 percent to address balance of payments concerns and can be deployed almost immediately. The main limitation is timing: tariffs expire after 150 days unless Congress votes to extend them, a difficult prospect with midterm elections approaching. No president has ever invoked this authority.
Section 301 — Trade Act of 1974
Trump also confirmed he could turn to Section 301, which authorizes the U.S. government to investigate unfair trade practices and impose tariffs in response. He used this mechanism against China during his first term and launched a separate investigation into Brazil last year. Officials have discussed applying it to countries that lack a formal trade agreement with the United States. Because the statute requires an investigation before duties can be imposed, it is slower to implement than other options.
Section 232 — Trade Expansion Act of 1962
Section 232 permits tariffs on national security grounds following a Commerce Department investigation. Trump used this authority to levy duties on steel and aluminum during his first term. As with Section 301, the investigative requirement makes this tool more deliberate and time consuming to deploy.
Section 338 — Tariff Act of 1930
Treasury Secretary Scott Bessent signaled the administration’s contingency planning in September, saying officials were preparing alternative legal pathways if courts ruled against the president. One possibility is Section 338 of the Smoot Hawley Act, which allows tariffs of up to 50 percent on imports from countries deemed to discriminate against U.S. commerce. The statute does not require a formal investigation and contains no explicit time limit.
On paper, Section 338 is one of the broadest tariff authorities available. It has never been used, however, and remains largely untested in modern courts. Any attempt to invoke it would almost certainly face immediate legal challenges. A central unresolved question is how “discrimination” would be defined, an issue courts have never squarely addressed.
What People Are Saying
Maya MacGuineas, president of the Committee for a Responsible Federal Budget, in a statement: "With today’s Supreme Court ruling affirming the illegality of President Trump’s emergency tariffs, the country will now be about $2 trillion deeper in the hole. With the national debt already the size of the entire U.S. economy and interest on the debt costing more than $1 trillion this year, this is very bad news. Congress should work quickly to fill that hole."
Mark Chenoweth, president of the New Civil Liberties Alliance: “Today the Supreme Court agreed with NCLA by holding that no president can unilaterally raise taxes on Americans. The Court recognized that American importers pay tariffs. They are not taxes somehow imposed on foreign states.”
Representative Don Bacon, a Nebraska Republican and Trump critic: "The Constitution’s checks and balances still work. Article One gives tariff authority to Congress."
Lisa Graves, co-founder of Court Accountability, leading expert on the right-wing legal movement, in a statement: “The Roberts Court has handed Donald Trump a convenient political off-ramp from his disastrous tariff policy that is raising prices, wreaking havoc on the American economy, and cratering his economic approval ahead of the midterms. The decision confirms what should never have been in question: Trump lacks the constitutional authority to unilaterally impose sweeping tariffs, a power the Constitution explicitly delegates to Congress. This ruling is not judicial courage. This is the Roberts Court doing the bare minimum to rein in Trump’s abuse of power while conveniently providing a political lifeline to shield Republicans from electoral ruin.”
What Happens Next
The ruling does not prevent Trump from imposing tariffs under other laws.
This is a breaking news story. Updates will follow.
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