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A major blow to Donald Trump’s trade agenda after the U.S. Supreme Court ruled 6-3 that his emergency tariff authority was unconstitutional, invalidating key import taxes imposed under the International Emergency Economic Powers Act (IEEPA).

But the legal defeat hasn’t shut the door on tariffs entirely. Experts say Trump’s team is already preparing to pivot to alternative legal tools — including Section 232, Section 301, and other Commerce Department mechanisms — to reinstate or reconfigure tariffs despite the ruling.

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00:00In actuality, while I am sure that they did not mean to do so,
00:05the Supreme Court's decision today made a president's ability
00:09to both regulate trade and impose tariffs more powerful
00:13and more crystal clear rather than less.
00:17I don't think they meant that. I'm sure they didn't.
00:22It's terrible.
00:24And to think that the Democrats who oppose this
00:27is only because they want to go the opposite way.
00:30They'd like to pack the court. They want to put on 21 people.
00:33They want to pack the court, pack the Supreme Court.
00:36Maybe they should do it.
00:37Maybe they would be better off if they did it.
00:40They want to pack the court.
00:42They want to do anything to hurt our country.
00:45There will no longer be any doubt,
00:48and the income coming in and the protection of our companies and country
00:52will actually increase because of this decision.
00:57I don't think the court meant that, but it's the way it is.
01:01Based on longstanding law and hundreds of victories,
01:04and even, as I was pointed out before,
01:07even thousands of victories over the years,
01:09to the contrary,
01:11the Supreme Court did not overrule tariffs.
01:14They merely overruled a particular use of IEPA tariffs.
01:19And essentially, it's the use to get a fee.
01:22I can do anything I want with IEPA.
01:25Anything.
01:26I just can't charge anybody for it.
01:29I can license, I just can't charge them.
01:32It's ridiculous.
01:33But it's okay, because we have other ways, numerous other ways.
01:38The ability to block, embargo, restrict, license,
01:43or impose any other condition on a foreign country's ability
01:48to conduct trade with the United States under IEPA
01:52has been fully confirmed by this decision.
01:56So now there's no doubt, because, you know,
01:58there were a lot of questions about tariffs,
02:00because no president was smart enough to use them
02:03to protect our country from those countries
02:05and businesses that were ripping us off.
02:08You took a look at the deficits that we had
02:10with some of these countries.
02:11It was disgraceful what they got away with
02:13for many, many decades.
02:15But now we know, because this decision affirms
02:18all those things that some people weren't sure about,
02:22in order to protect, and it says so,
02:24in order to protect our country,
02:27a president can actually charge more tariffs
02:30than I was charging in the past period of a year
02:36under the various tariffs authorities.
02:38So we can use other of the statutes,
02:42other of the tariff authorities,
02:45which have also been confirmed
02:47and are fully allowed.
02:51Therefore, effective immediately,
02:54all national security tariffs under Section 232
02:58and existing Section 301 tariffs,
03:01they're existing, they're there,
03:04remain in place, fully in place,
03:07and in full force and effect.
03:10Today, I will sign an order to impose
03:12a 10% global tariff under Section 122,
03:16over and above our normal tariffs
03:19already being charged.
03:20And we're also initiating several Section 301
03:25and other investigations to protect our country
03:28from unfair trading practices
03:30of other countries and companies.
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