Republicans in Congress are sharply divided over whether to continue President Donald Trump’s tariff policies after the U.S. Supreme Court struck them down Friday.
The Supreme Court ruled 6-3 that the International Emergency Economic Powers Act does not enable the president to impose tariffs without congressional authorization, a decision that all Democrats – and multiple Republicans – praised.
Most Republican lawmakers who supported the ruling echoed House Financial Services Committee Chair French Hill’s, R-Ark., statement, which focused on the constitutional concerns rather than Trump’s tariff policy.
“I share in President Trump’s goal of securing fair and reciprocal trade agreements and holding bad actors accountable for their unfair trade policies,” Hill said. “While tariffs can be a useful tool when applied in a targeted way, today’s Supreme Court decision underscores the need for Congress to play a role in trade policy.”
Sen. Rand Paul, R-Ky., said the court had “defended the Constitution” by recognizing that tariffs “are taxes and the power to declare them belongs to the Congress,” while Sen. John Curtis, R-Utah, and others expressed relief that America’s “system of checks and balances remains strong nearly 250 years later.”
Other supportive Republicans, however, delivered much sterner rebukes of the Trump administration and the impact of tariffs on prices.
“As a matter of policy, the empty merits of sweeping trade wars with America’s friends were evident long before today’s decision,” Sen. Mitch McConnell, R-Ky., said in a Friday statement.
“Congress’ role in trade policy, as I have warned repeatedly, is not an inconvenience to avoid,” McConnell added. “If the executive would like to enact trade policies that impact American producers and consumers, its path forward is crystal clear: convince their representatives under Article 1.”
Yet many Republicans opposed the court’s decision and are now exploring legislative ways to codify Trump’s tariffs.
Rep. Greg Steube, R-Fla., will introduce a bill next week to make the president’s 10% global tariff permanent. He posted on social media that the “only people celebrating right now are the CCP and foreign governments that have spent decades ripping off American workers.”
Sen. Bernie Moreno, R-Ohio, who called the Friday ruling “outrageous” and a “betrayal,” called on his fellow Republicans to use another budget reconciliation bill as a vehicle to codify Trump’s trade agreements. House Budget Committee Chairman Jodey Arrington, R-Texas, agreed.
But leaders in the Republican party have responded to the ruling with caution and have made no promises as to whether Congress will take up such legislation. Regarding next steps, House Speaker Mike Johnson, R-La., said that “Congress and the Administration will determine the best path forward in the coming weeks.”
Democrats have already introduced legislation to return all tariff revenue to U.S. businesses within 90 days, which would reverse the deficit-reducing impact of the policies and likely spark extensive litigation.
Trump, however, does not believe the court’s decision constitutionally prevents him from implementing tariffs. Almost immediately after the ruling, Trump signed an Executive Order imposing a 10% global tariff under the Trade Act of 1974, rather than the emergency powers the Court ruled were illegal.
On Saturday, Trump said he would increase that to 15%.