Trump rushes out ‘Plan B’ tariffs — but will they stick?
Following the US Supreme Court’s decision to strike down previous tariffs, President Trump quickly announced new tariffs under different trade legislation; however, legal and procedural challenges may limit their effectiveness.
In response to the US Supreme Court's recent ruling against his previously imposed tariffs under the International Emergency Economic Powers Act (IEEPA), President Donald Trump has moved swiftly to enact a new set of tariffs dubbed 'Plan B.' Utilizing provisions from Section 122 of the Trade Act of 1974, he has instituted a 10% worldwide tariff, which was quickly raised to 15% within a couple of days. This legislative adjustment aims to address the economic impact of the court's decision and to navigate the complexities of national trade policies.
However, the new tariffs face significant legal and procedural hurdles that call into question their longevity. Section 122 allows the president to invoke tariffs in cases of severe balance-of-payments deficits, but it imposes a cap at 15% and limits the duration of such tariffs to 150 days without Congressional approval. This raises concerns about the long-term viability of these tariffs, especially considering they may not protect the economy as desired beyond the stipulated period unless further actions are taken by Congress.
The implications of these new tariffs extend beyond just trade policy; they reflect the ongoing conflict between the executive branch's pursuit of aggressive trade measures and the established legislative framework that governs such actions. Trump's rapid response highlights his administration's approach to trade as a tool for economic strategy, but the impending need for Congressional approval may lead to additional challenges and public scrutiny as stakeholders assess the real impact of these tariffs on the US economy and its international relations.