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Can Trump keep his tariffs if the Supreme Court invalidates them?
The Trump administration’s trade team has vowed to employ alternative legal strategies to keep its high tariff wall in place if the Supreme Court invalidates President Trump’s sweeping “reciprocal tariffs” by striking down his use of the International Emergency Economic Powers Act (IEEPA) to impose them. Wolff reviews the four possible tariff statutes that could be invoked― Sections 122, 338, 301, and 232―but they have major limitations. Each is either narrow, temporary, or specific, compared with IEEPA, and cannot be used to recreate Trump’s across-the-board tariff wall.
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