Congress contemplates its role on tariffs after Supreme Court decision
Rep. Don Bacon (R-Neb.) gives the thumbs up as he arrives at the House Republican Conference meeting at the U.S. Capitol on September 10, 2024 in Washington, DC.
Kent Nishimura | Getty Images
President Donald Trump says he doesn’t need Congress to impose tariffs, but his latest attempts to impose new import duties could lead to tough votes for Republicans ahead of the midterm elections. Democrats are also vowing to block Trump’s attempts to expand trade policy.
Shortly after the Supreme Court increased the majority of Trump’s tariffs on Friday, the president doubled down and issued another round using Section 122 of the 1974 Trade Act. This law caps rates at 15% and requires congressional authorization for an extension beyond 150 days; That creates the potential for a difficult vote on an issue that is unpopular for congressional Republicans in the middle of election season.
“That scares me. Because every poll shows that American voters oppose tariffs.” 2 to 1 ratio. “The president has adopted a very unpopular policy,” said Rep. Don Bacon, R-Neb., one of six Republicans who voted earlier this month to lower Trump’s 35% tariff on Canadian imports.
The Supreme Court’s decision striking down Trump’s tariffs using the International Emergency Economic Powers Act (IEEPA) is a major blow to Trump’s economic agenda and could change the dynamics of the fight in Congress over the president’s signature trade policy.
Democrats have sought to link Trump’s tariffs to affordability (and the role they say tariffs play in rising prices) as they craft a plan to continue combating Trump’s tariff agenda in the coming months.
Senate Minority Leader Chuck Schumer said, “Senate Democrats will continue the fight against Trump’s tariffs and block any attempt to extend these harmful tariffs once they expire this summer. Democrats will not allow Trump’s economic carnage to be carried forward.” DY said in a statement on Monday.
While Democrats have little power without control of the House or Senate, the success of any future votes to expand Section 122 tariffs or expand the president’s authority to impose his own trade policy is far from certain as frustration in the GOP grows.
“With a razor-thin majority in the House, this legislative rebuke gives Republicans more protection to break ranks, especially on issues that have direct economic consequences for their districts,” Executive Director Brittany Martinez said. Principles First He worked for Speaker Kevin McCarthy. “As we move toward the midterms, we will likely see more members prioritize the rule of law and local influence over party pressure.”
House Speaker Mike Johnson, R-La. He acknowledged uncertain prospects for tariffs in Congress on Monday.
“I think it’s going to be difficult on the legislative side to get consensus on any path forward on tariffs. I think that’s why you’re seeing so much interest on the executive side,” Johnson told reporters at the Capitol, according to MSNOW. he said.
New move for Trump on trade
“I was in the cloakroom and I heard people say, ‘I don’t like tariffs, but I voted no,'” Bacon said, recalling the night of the House vote. “If people were left to their own devices without pressure, I think the number would be five or six times higher. But obviously this is a big priority for the president, so people are fighting this.”
Some of the GOP defectors, such as Rep. Kevin Kiley, R-Calif., framed their opposition as the achievement of checks and balances. “Last week’s vote by Congress and today’s Supreme Court decision represent exactly the exchange envisioned by the Founders,” Kiley said. he said. sent to x on Friday.
Bacon, who will retire from Congress at the end of his term, pointed to a recent incident. Tax Foundation study The report stated that Trump’s tariffs amount to an average tax increase of $1,000 for American families in 2025. Analysis from the Federal Reserve Bank of New York It found that U.S. consumers and firms shoulder almost 90 percent of the tariff burden. Both should have been “red flags,” he said.
But any perceived act of defiance against the president can have consequences.
Trump weekend withdrew his support Republican Rep. Jeff Hurd of Colorado voted to repeal Trump’s Canadian tariffs. Hurd will face her main right-wing rival, Hope Scheppelman, who is supported by Trump.
“When I took office, I swore an oath to the Constitution and the people I serve. Every vote I cast is guided by what is best for this district and the long-term strength of our country,” Hurd said. sent to x The day after Trump’s attack.
Tariffs may be ‘hard sell’ in election year
How obedient will the Congressional GOP be to Trump in an election year?
Rep. Gregory Meeks, D-Y., introduced the resolution to disapprove of the Canadian tariffs and scheduled an additional vote to reduce Trump’s other import duties.
The Supreme Court decision changed that strategy, but Meeks said future votes on tariffs could have a negative outcome for Trump overall.
“I think that will be a continuing outcome as we move forward and continue to look at what Trump is doing, because what he is doing is harming the American people,” Meeks said.
Bacon predicted that bipartisan efforts to legally reassert Congress’ constitutional authority over tariffs could gain momentum. a bill launched a campaign that, as of Monday last year, included eight bipartisan co-sponsors. Sen. Maria Cantwell, D-Wash., a his friend in the SenateIt has 13 co-sponsors and is also a bipartisan group.
On Monday, a group of Senate Democrats led by Oregon’s Ron Wyden introduced legislation that would force Customs and Border Patrol to issue tariff refunds to importers and small businesses. Rep. Steven Horsford, D-Nev., introduced similar legislation in the House on Friday, but neither has a clear path to passage as long as Democrats are in the minority.
Asked if refunds would be issued, Johnson said Monday: “I don’t think so. The White House will figure it out.”
Republicans in theory have the freedom to expand Trump’s tariff authority or legally impose import duties. Some, like Sen. Bernie Moreno, R-Ohio, suggested Republicans “immediately begin working on a compromise bill to enact the tariffs that make our country the hottest country on Earth.”
But “patience is waning on the tariff front” John FeeheryThe Republican strategist at EFB Advocacy and former aide to House Speaker Dennis Hastert said in an interview last week.
“If you’re from a farming state or coming from a place that exports equipment overseas, that’s a pretty tough sell,” Feehery said.
