Trump's big remark on tariffs: 'If we don't get Supreme Court's decision we want, we will do something else'
The comments come as the Supreme Court weighs legal challenges to Trump-era tariffs imposed under emergency powers, with critics arguing the measures exceed presidential authority and bypass Congress.
US President Donald Trump said on Thursday (January 22) that his administration would pursue other options if the Supreme Court fails to deliver a ruling favourable to his tariff policy, underscoring his determination to press ahead with sweeping trade measures.
“If we don’t get the Supreme Court decision we want on tariffs, we’ll do something else,” Trump said, without elaborating on what alternative steps his administration might take.
Trump’s comments come as the Supreme Court considers challenges to tariffs imposed under emergency powers, a case that could limit the president’s authority to levy duties without congressional approval.
Trump has repeatedly defended the tariffs as central to his economic agenda, arguing they protect American manufacturing, strengthen national security and give the US leverage in trade negotiations. His administration has leaned heavily on the International Emergency Economic Powers Act (IEEPA) to justify the duties.
Legal experts say an adverse ruling could significantly curb the executive branch’s ability to impose tariffs without congressional approval. However, Trump’s remarks suggest the administration is prepared to explore other legal or policy mechanisms to sustain its trade strategy.
The case is being closely watched by businesses and global markets, as a decision could reshape US trade policy and set limits on presidential powers over tariffs going forward.
Status of the case
The United States Supreme Court on January 20 once again declined to deliver a verdict in the closely watched legal challenge to President Donald Trump’s sweeping tariff regime, prolonging uncertainty over the future of the duties. The next potential date for a ruling is February 20.
At stake is whether Trump acted within his statutory authority as president and whether the tariffs—imposed on imports from nearly every major US trading partner—can legally remain in force.
What the case is about
The dispute centres on Trump’s use of the International Emergency Economic Powers Act (IEEPA), a 1977 law designed to grant presidents broad authority during national emergencies. Trump invoked the statute by declaring a national emergency over persistent US trade deficits, using it to impose tariffs across a wide range of imports.
He later relied on the same law to levy duties on goods from a number of countries.
Skepticism from the bench
During oral arguments on November 5, 2025, several Supreme Court justices expressed skepticism about whether IEEPA can be stretched to justify broad trade policy decisions such as across-the-board tariffs. The questioning raised doubts over whether Congress intended the law to be used as a tool for long-term economic policy rather than short-term emergency action.
Lower court rulings
Lower courts have already ruled against the Trump administration, finding that it overstepped its authority under IEEPA. Those rulings prompted the appeal now before the Supreme Court.
What’s at stake
A ruling against Trump could have far-reaching consequences. Beyond limiting presidential power over trade policy, it could open the door for companies to seek more than $130 billion in tariff refunds, according to estimates cited in court filings.
Until the Supreme Court issues its decision, the legality of Trump’s tariff regime—and the financial exposure tied to it—remains unresolved.