Trump's Tariff Authority: Legal Options If Supreme Court Strikes Down Emergency Powers

Nov 06, 2025 05:22 pm CST

This comprehensive analysis examines President Trump's alternative tariff authorities if the Supreme Court invalidates his emergency powers. Despite judicial skepticism, experts confirm multiple legal pathways remain available, including Section 301 of the Trade Act, Section 232 national security provisions, and even the rarely-used Smoot-Hawley era Section 338, which could maintain his aggressive trade policy regardless of the Court's decision.