The Trump administration is preparing alternative plans to allow the president to implement his sweeping tariff policies, even if the U.S. Supreme Court rejects their argument that he is authorized to implement the tax.
For weeks, administration staffers and aides have been researching other avenues that would keep Trump’s tariffs in place if the court chooses to reject their argument that the president is authorized to impose tariffs on nearly every one of the U.S.’s trading partners under the International Emergency Economic Powers Act. That includes falling back on a combination of provisions in the Trade Expansion Act of 1962 and the Trade Act of 1974 to support the president’s assertion that he has the power to upend foreign trade without congressional approval.