| From the Bloomberg News live blog, it's not overstating things to say the Supreme Court's ruling striking down President Donald Trump's power to impose tariffs is historic. For today's newsletter, Bloomberg Businessweek national correspondent Joshua Green writes that the era of Trump tariffs is likely to continue. Plus: Why the ruling might help Trump with affordability concerns, how Jerome Powell is preparing for the end of his term as Fed chair and why it's good for baseball to have a heavy favorite like the Los Angeles Dodgers. There's also a new episode of Everybody's Business. If this email was forwarded to you, click here to sign up. The US Supreme Court's decision today to strike down Donald Trump's tariff regime is a major setback and a political embarrassment for the president. But don't count on Trump abandoning his tariff project now. In a 6-3 ruling, the court said the president couldn't use a federal emergency-powers law to impose his "reciprocal" tariffs on countries around the world. In addition to those "Liberation Day" levies, the decision also applies to those imposed on goods from Canada, Mexico and China in the name of addressing fentanyl trafficking. By now, everyone knows that Trump loves tariffs; he has, after all, deemed the word "the most beautiful" he knows. He's less enamored, though, of the hard work needed to enact them the traditional way by working with Congress. So last year, Trump did an end run around the legislative branch, claiming the 1977 International Emergency Economic Powers Act gives him broad authority to impose tariffs. Then he proceeded to slap countries around the world—friends and foes alike—with levies that in some cases reached as high as 70%. Trump in the Cabinet Room of the White House in December. Photographer: Yuri Gripas/Abaca Trump has made a habit of declaring national emergencies in his second term—nine times in his first nine months, according to Elizabeth Goitein of the Brennan Center for Justice—on everything from energy to trade to immigration. That's far more than any other president since the enactment of the National Emergencies Act 50 years ago. But for tariffs, at least, the court today said Trump doesn't have the emergency powers he claimed, risking all sorts of economic and geopolitical uncertainty. The ruling will complicate relations with major trading partners like China, the European Union and dozens of others that have been hit with tariffs. It also creates substantial headaches for the administration here at home, as more than 1,000 companies have sued to recoup their share of the roughly $170 billion paid in duties so far. The justices didn't address the refund issue today, leaving it to a lower court to sort it out. In a social media post from November, Trump acknowledged that tariff refunds would be a "catastrophe" and an "economic disaster." That's because the administration was counting on revenue from the levies to help pay for costly tax cuts and various spending programs baked into his One Big Beautiful Bill Act. Losing that money threatens to bruise the government's fiscal standing. Few consumers will mourn the court's decision, and many will likely cheer it. An ABC News/Washington Post poll in November found that almost two-thirds of Americans disapprove of Trump's tariff policies, including 96% of Democrats, 72% of independents and 29% of Republicans. And a Bloomberg Economics analysis before the decision said a sweeping ruling against Trump could reduce the US average effective tariff rate from 14.5% to 6.5%, a level not seen since March. If companies pass those savings along to consumers, it could help ease the affordability crisis that polls consistently show to be the top concern among US voters. So where's the catch? Given the president's conviction that tariffs are a vital tool of his economic statecraft, he'll likely try to revive them. Trump's initial reaction, according to CNN's Kaitlan Collins, was to call the decision a "disgrace," and he vows to implement a backup plan. He won't necessarily even have to go through Congress to do so. During his first term, Trump relied on other mechanisms to enact his cherished import taxes. He invoked the Trade Expansion Act of 1962 when imposing steel tariffs and the Trade Act of 1974 to impose duties on China. As Bloomberg's Shawn Donnan noted in November, both could be revived to impose import taxes on cars, computer chips, drugs and much more. Ultimately, Trump will have to decide whether to accept the court's decision or barrel ahead. Given his penchant for bombast and bluster, it's not hard to predict which route he'll choose. RELATED: Supreme Court's Tariff Ruling Is Secretly a Gift to Trump Shawn Donnan writes: "What's been left unsaid by the White House in the wake of Trump's loss before a Supreme Court stacked with his appointees, though, is that this decision presents the administration with an opportunity. What at the moment looks like an embarrassing setback creates an opening for Trump to recalibrate his tariffs, which polls show are unpopular with voters." EXPLAINER: Trump's Options After the Supreme Court Said His Tariffs Are Illegal Trade wars, tariff threats and logistics shocks are upending businesses and spreading volatility. Sign up for the Supply Lines newsletter to understand the new order of global commerce. |
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