Donald Trump’s administration is ready to use other authorities to quickly reimpose tariffs if the Supreme Court strikes down the president’s global levies, National Economic Council Director Kevin Hassett said.
“We’ve got a very, very detailed backup plan. We’re confident that if we were to lose this case, that we can get all of the president’s policies in place almost immediately with alternative authorities,” Hassett said Friday on Fox News.
The Supreme Court held an opinion day Friday, its first opportunity of the year to rule on the legality of the president’s sweeping levies imposed under the International Emergency Economic Powers Act. But no decision on the trade policy came.
The court could release more opinions in the next two weeks, as the justices have returned from their holiday break. The ruling is expected to affect Trump’s so-called reciprocal duties and charges related to fentanyl.
Hassett in an earlier interview on CNBC said there was a high-level call Thursday among Trump officials to discuss a backup plan in case of an unfavorable ruling. The justices signaled in oral arguments late last year they were skeptical of the president’s tariff regime. US Trade Representative Jamieson Greer is expected to spearhead Plan B efforts, Hassett said.
Hassett didn’t fully specify which authorities the administration would use to replace any tariffs that get knocked down, but told Fox Business in another interview that Section 301 powers are one option under consideration. That path is generally more time-consuming than the process used under the emergency law. Officials have also said they are looking at Section 122 of the Trade Act, which allows the president to unilaterally impose duties. But those are capped by length and maximum rate.
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