With just days remaining until the Supreme Court could potentially strike down President Donald Trump’s claim of unprecedented emergency powers giving him the authority to unilaterally levy taxes on imports from nearly every American trading partner, the president is lashing out by warning of a parade of horribles that could result if the high court limits his power.
Writing Monday on Truth Social, Trump claimed a decision to strike down the massive tariffs he has placed on almost all imports since early April would require the U.S. to issue “hundreds of billions of dollars” to importers who paid the levies over the last nine months.
He also claimed, without offering evidence, that “companies and countries” would demand “payback” for investments they’ve made in American manufacturing facilities during that same period while alleging that the amount that the U.S. would supposedly owe in such a scenario would be incalculable or so exorbitant that it be difficult to to repay in a reasonable amount of time.
“When these Investments are added, we are talking about Trillions of Dollars! It would be a complete mess, and almost impossible for our Country to pay. Anybody who says that it can be quickly and easily done would be making a false, inaccurate, or totally misunderstood answer to this very large and complex question,” Trump said. “It may not be possible but, if it were, it would be Dollars that would be so large that it would take many years to figure out what number we are talking about and even, who, when, and where, to pay.”
The president added that were the Supreme Court to rule against his administration on the “national security bonanza” that is his tariff policies, the U.S. would be “SCREWED!”
Trump’s social media outburst comes as the court prepares to release more opinions on cases it heard last year, with the next potential opinion release day set for Wednesday.
The nine justices are considering whether Trump was authorized to impose sweeping tariffs on nearly every one of the nation’s trading partners under the 1977 International Emergency Economic Powers Act, which permits the president to regulate trade in “unusual and extraordinary” circumstances when a national emergency is declared.
Trump invoked the act when he decided to impose a baseline 10 percent tariff on most countries in addition to heavier “reciprocal tariffs” on major trading partners, even though the Carter-era law does not specifically mention tariffs in any way.
During a White House event to mark the rollout of his tariff policies in April, the president argued the tariffs were a matter of national security because it was necessary to balance trade deficits.
Two lower courts, including the U.S. Court of International Trade, sided with the businesses that sued the administration, saying the president had overstepped his authority when declaring a national emergency.
The administration quickly appealed to the Supreme Court, whose members appeared skeptical of Trump’s argument during oral arguments on November 5.
Chief Justice John Roberts, who has steered the court to expand the president’s executive authority, explicitly stated that tariffs, even when used for foreign affairs, are considered “taxes on Americans” — a power that belongs to Congress.
Justice Amy Coney Barrett questioned why some of the country’s closest allies such as Spain and France would need to be tariffed due to “threats to the defense.”
“I mean, Spain? France? I mean, I could see it with some countries, but explain to me why, as many countries, needed to be subject to the reciprocal tariff policy, as are,” Barrett said during arguments.
At the same time, justices also expressed caution, noting that a ruling against Trump could force the U.S. to return billions of dollars in tariff revenue, resulting in an economic recession.
Over the two months that have elapsed since justices heard arguments in the case, Trump has embarked on a public pressure campaign to urge the high court to bless his use of broad emergency powers to levy the tariffs he has made a centerpiece of his foreign and economic policy.
In various social media posts, the president has accused the American companies who brought the case of being part of “evil, America hating forces” while claiming his tariff policies are “creating GREAT WEALTH, and unprecedented National Security “ for the country.
He also weighed in on the pending case during rambling speech to House Republicans last week in which he said he hoped the court would “do the right thing” because a president needs “be able to wheel and deal with tariffs.”
