Ahead of Supreme Court Hearing on Tariffs Set for the 5th
Trump Warns on Social Media: "If We Lose, We Will Be Left Defenseless"
White House Says "Plan B Will Be Activated" If Ruling Is Unfavorable
On the eve of the federal Supreme Court trial scheduled for the 5th (local time) regarding tariff policy, U.S. President Donald Trump stated that this is "a matter of life and death for the country."
On the 4th, President Trump wrote on Truth Social, his own social networking service, "Tomorrow's Supreme Court hearing is literally a matter of life or death for our country."
He argued, "If (the government) wins, we will have massive but fair finances and national security," adding, "If we lose, we will be left almost defenseless against other countries that have taken advantage of us for years."
President Trump emphasized, "Our stock market has continuously reached all-time highs, and our country has never been more respected," attributing this largely to the economic security created by tariffs and the resulting deals we have negotiated."
The White House also stated, "We are optimistic that the federal Supreme Court will make the right decision."
The federal Supreme Court will hold oral arguments on the 5th to review the legality of the reciprocal tariffs imposed by the Trump administration based on the International Emergency Economic Powers Act (IEEPA).
Enacted in 1977, the IEEPA grants the president the authority to impose export and import restrictions on foreign governments and entities in the event of a "national emergency" caused by a foreign country.
President Trump invoked this law last April to declare a national emergency and has since imposed "reciprocal tariffs" on a country-by-country basis.
In response, U.S. companies and the governments of 12 states, including Oregon, filed a lawsuit against the Trump administration last April, seeking to nullify the fentanyl tariffs and reciprocal tariffs. The U.S. Court of International Trade (USCIT), which serves as the court of first instance, and the U.S. Court of Appeals for the District of Columbia Circuit, which serves as the appellate court, ruled in favor of the plaintiffs, stating that while the IEEPA grants the president "import regulation authority," it does not extend to "broad tariff-imposing authority."
President Trump had previously announced his intention to attend the Supreme Court trial on the 5th in person, but later reversed his decision and will not be present.
The White House stated that even if the Supreme Court rules against the Trump administration, it will activate a Plan B. White House spokesperson Caroline Levitt responded to a question about whether there is a Plan B if the Supreme Court rules unfavorably for the Trump administration by saying, "The White House always has a Plan B ready." However, she did not specify what alternatives are being considered.
Some observers have speculated that if the Trump administration cannot rely on the IEEPA, it may continue imposing tariffs by utilizing Section 232 of the Trade Expansion Act or Section 301 of the Trade Act.
Scott Bessent, U.S. Secretary of the Treasury, said in a CNBC interview that he expects the Trump administration to win the case, but added, "Even if not, there are many other authorities. They are more complicated, but could actually be more effective." He specifically mentioned Section 232 of the Trade Expansion Act and Section 301 of the Trade Act as possible Plan B options.
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