Trump's advisor says they have 'a lot of options' if Supreme Court strikes down tariffs

New tariffs will follow immediately if the court voids current ones.

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Jan. 20 2026, Published 4:43 a.m. ET

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The Donald Trump administration is clear on enacting new tariffs swiftly if the Supreme Court strikes down the existing set imposed by the president using the International Emergency Economic Powers Act (IEEPA). In an interview with The New York Times, U.S. Trade Representative Jamieson Greer stated that following any ruling against the tariffs, the administration would "start the next day" to reinstate new ones in response to the issues the president has identified. This comes as the court is expected to deliver a ruling on the matter soon.

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In a January 15 interview, Trump's top trade negotiator told the publication that the administration was optimistic the Supreme Court would rule in its favor. However, if things don't go their way, the president has "a lot of different options" to keep the tariffs going and achieve the trade goals he set at the start of his second term. According to the Times, this means the president could turn to different legal authorities and use various acts to impose similar tariffs.  “The reality is the president is going to have tariffs as part of his trade policy going forward,” Greer said.

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Currently, the Supreme Court is reviewing the legality of the sweeping tariffs, as challengers argue Trump overstepped his authority by using the IEEPA, which grants the president broad authority to regulate international economic transactions during a declared national emergency. The court heard arguments last year, and a ruling is expected to come soon, potentially this week. Experts anticipate the court to revoke some or all of the tariff authority, but a ruling in favor of the administration is also likely. Nevertheless, the Trump administration is adamant on keeping the tariffs going, either way.

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On Saturday, the president threatened to impose tariffs on exports from seven European countries, demanding a deal to be made for the U.S. acquisition of Greenland. Treasury Secretary Scott Bessent, who has repeatedly said that the administration is equipped to reinstate the tariffs quickly, tried to justify the president's move on Sunday. Speaking to reporters on NBC’s Meet the Press, Bessent supported the president’s use of the emergency law, claiming the tariffs were the preferred tool to get Greenland, instead of another armed conflict. “The national emergency is avoiding a national emergency,” Bessent said, before adding that the president was using “the economic might of the U.S. to avoid a hot war," as per The Times.

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Trump followed up on his threat on Tuesday, declaring on Truth Social how he had a "very good telephone call" with NATO Secretary General Mark Rutte and that "everyone agrees" how "Greenland is imperative for National and World Security." The President threatened to impose a 10% tariff on all goods sent to the U.S. from Britain, starting February 1, and to hike it to 25% by June 1, if a deal wasn't made. He added that the same would apply to Denmark, Sweden, France, Norway, Germany, the Netherlands, and Finland as well.

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