The Trump administration "hardens" court rulings: vows to implement tariff policies and use other legal powers when necessary

According to the Zhitong Finance APP, despite setbacks in court, the Trump administration insists that the tariff policy will continue to be implemented in any way possible.

The White House has been assessing the impact of two rulings on Thursday, which suspended most of U.S. President Donald Trump's tariffs. The court found that Trump's imposition of tariffs under an emergency authorization exceeded his authority. The U.S. Court of Appeals temporarily stayed this ruling to hear arguments, although it may ultimately support the original ruling and block Trump's tariff policy.

Despite Trump's vow to appeal to the Supreme Court if necessary, his senior aides indicated that Trump would not abandon his tariff measures and would use other legal powers if needed.

One of Trump's most hawkish trade advisors, Peter Navarro, stated on Thursday, "There is no Plan B, only Plan A. Plan A encompasses all strategic options."

Possible alternatives include the use of Section 232 and Section 301 powers that Trump has previously invoked, or the strictly limited so-called Section 122 powers. He could also seek congressional approval, although this option would be labor-intensive and consume valuable Senate floor time, preventing it from prioritizing other matters such as judicial nominations and tax bills.

Trump has imposed extensive tariffs on nearly all countries using the International Emergency Economic Powers Act (IEEPA), and the landmark trade court ruling on Wednesday night specifically targeted this act. Using the IEEPA is essentially a shortcut that allows Trump to declare a state of emergency and seize unilateral tariff powers that have historically been held by Congress.

U.S. Secretary of Commerce Howard Lutnick stated on Thursday, "He wants to utilize the broad powers of the IEEPA. Now, he has many other laws and powers he can invoke. But he likes this broad power because it allows him to deal with all those who treat us unfairly."

If Trump's appeal fails, he may be forced to turn to other means to restore the tariffs he announced on "Liberation Day." Tariffs related to fentanyl have also been rejected.

Section 122 would allow the president to impose a 15% tariff—higher than the 10% tariff Trump temporarily imposed, but far lower than the up to 50% tariffs he initially announced—and can only last for 150 days.

Navarro acknowledged on Thursday that he was considering using this provision, but his interest seemed limited. He stated, "Section 122 only gives you 150 days. So the answer is obvious."

Trump has already invoked Section 232 powers to impose tariffs on steel, aluminum, and automobiles, all of which were established based on investigations conducted before his current term. He has also initiated other investigations to increase additional tariffs on products including semiconductors, consumer electronics, pharmaceuticals, and copper.

White House Press Secretary Caroline Levitt pointed out that the powers under Section 232 serve as a warning to countries that may view the court setbacks as leverage.

She stated, "Other countries should also know that the president retains other tariff powers, such as Section 232, to ensure that U.S. interests are restored around the world."When asked whether this means Trump will initiate a new Section 232 investigation or expedite existing investigations, she expressed opposition. She stated, "I am simply stating a fact that the president has other legal authorities to impose tariffs, and the government is willing to use those powers."

Levitt also called on the U.S. Supreme Court to support the government by incorporating the broad powers of the IEEPA into law and accused the court of overreach. "For the sake of our Constitution and our country, the Supreme Court must put an end to this practice," she said.

Navarro also mentioned the powers of Section 301 and Section 338. Section 301 requires a cumbersome investigation similar to Section 232. The power of Section 338 derives from a law enacted in 1930 that allows the president to impose tariffs of up to 50% on countries that discriminate against the United States; however, according to the Congressional Research Service, they have never been enacted.

One option Trump has publicly discussed (but has not yet accepted) is to submit his tariff plan to Congress. The Republicans barely control the House and Senate, and if the core pillar of Trump's international economic agenda is to be voted on, the Republicans have left almost no room.

In a Truth Social post on Thursday night, Trump wrote, "This terrible decision indicates that I must obtain congressional approval for these tariffs. In other words, hundreds of politicians will sit in Washington, D.C. for weeks or even months trying to come to a conclusion about what tariffs should be imposed on those who unfairly treat our country."

While court proceedings are still ongoing, Navarro hinted that the White House may soon reveal its intentions. He stated that U.S. Trade Representative Jamison Greer will outline the government's response to the recent tariff ruling in "the next day or two."