President Donald Trump wants the Supreme Court to rule quickly on whether most of his tariffs are legal.
In the biggest test yet to Trump’s economic agenda, the administration asked the Supreme Court for an expedited review of the sweeping duties applied to dozens of U.S. trading partners.
But regardless of how the high court rules, it may not mean the end of Trump’s worldwide tariffs.
There are at least five statutes that the president could use to quickly impose tariffs again, though some have never been tested. That could create even more legal fights.
Section 338 of the Tariff Act of 1930
This section of the infamous Smoot-Hawley Tariff Act, which has never been used before, allows the president to unilaterally impose tariffs of up to 50% on imports from countries that he finds “discriminate” against the U.S.
The Smoot-Hawley Tariff Act greatly increased tariffs on thousands of goods imported into the U.S. during the Great Depression in an effort to protect American industry.
Section 232 of the Trade Expansion Act of 1962
Signed into law by President John F. Kennedy, this law allows the director of the Office of Emergency Planning (an office that no longer exists) to open up an investigation if they believe an article is being imported into the United States in such quantities or under such circumstances that there is a threat to national security.
If after collecting information from the appropriate departments and agencies the director determines there is indeed a threat to national security, the director is ordered to advise the president, who can take action for any amount of time he feels necessary, “to adjust the imports of such article and its derivatives so that such imports will not so threaten to impair the national security.”
Section 201 of the Trade Act of 1974
A bill signed into law by President Gerald Ford allows the president to “take all appropriate and feasible action within his power” to impose tariffs, as long as the U.S. International Trade Commission, an independent agency whose commissioners are appointed by the president and confirmed by the U.S. Senate, determines that an item is being imported into the U.S. in such quantities that it will be a cause of “serious injury, or threat thereof” to the domestic industry producing the same item.
If it does, the president can then impose tariffs on the country exporting that item into the United States. As of today, three of the six seats on the USITC are filled, with one each appointed by Presidents Joe Biden, Barack Obama and Trump.
Section 301 of the Trade Act of 1974
This allows the United States trade representative to determine whether the rights of the U.S. are being denied under any trade agreement, or whether any trade agreement is “unjustifiable and burdens or restricts United States commerce.”
If the trade representative determines such conditions exist, they, in coordination with and at the direction of the president, can “enforce such rights or to obtain the elimination of such act, policy, or practice. Actions may be taken that are within the power of the president with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.”
Section 122 of the Trade Act of 1974
This allows the president to institute a “temporary import surcharge” of up to 15% if he finds there are “large and serious” balance-of-payments deficits, to prevent an “imminent” and “significant” depreciation of the U.S. dollar in foreign exchange markets. This is temporary, though — these are not to exceed 150 days unless extended by Congress.
Finally, Congress could act
The Senate has voted before to undo the tariffs Trump has imposed, with one of those measures passing and the other failing on a tie vote, but neither passed in the House, where the Republican majority can typically ignore legislation that does not align with the president’s agenda.
