Unlikely Supreme Court will overrule Trump tariffs
U.S. treasury secretary Scott Bessent during the Economic Club of Minnesota event on Thursday, January 8, 2026 in Golden Valley, Minnesota, United States.
Ben Brewer | Bloomberg | Getty Images
Treasury Secretary Scott Bessent said Sunday it was “very unlikely” the Supreme Court would strike down President Donald Trump’s use of emergency powers to impose tariffs, with a possible ruling by the court as early as this week.
“I believe it is unlikely that the Supreme Court will invalidate the president’s signature economic policy,” Bessent said. NBC’s “Meet the Press.” “They did not invalidate Obamacare, I believe the Supreme Court did not want to create chaos.”
In June, the Supreme Court upheld a key provision of the Affordable Care Act that created a panel to recommend preventive care services that insurers must provide at no cost to patients.
Bessent’s comments came a day after Trump said he would impose a new tariff on goods from Europe “until an Agreement is reached for the Total and Complete acquisition of Greenland.”
Trump did not specify in his statement Real Social post What law was he using to impose the tariffs, but the move appears to reflect “liberation day” mandates he has imposed on dozens of countries under the International Emergency Economic Powers Act.
The Supreme Court will rule on Trump’s use of IEEPA to impose tariffs before the end of his term, but a decision could come as soon as this week. IEEPA gives the president broad leeway to use economic tools in response to an “unusual and extraordinary threat.”
Trump’s new tariffs on Greenland against Europe are a response to an emergency, Bessent said.
“A national emergency is to avoid a national emergency,” Bessent said. “This is a strategic decision by the president … he can use the economic power of the United States to prevent a hot war.”
Trump has long been trying to seize Greenland, Denmark’s Arctic territory, and in recent weeks has stepped up his pressure campaign for the United States to seize the island. Leaders in Greenland, Denmark and across Europe have broadly rejected Trump’s demands to seize the island.
The Trump administration claims that the US acquisition of Greenland is critical to national security against Russia and China’s expansion in the region.
CNBC contacted the White House and Treasury Department to clarify what law Trump used to impose new European tariffs.
This story is developing. Please check back for updates.
