Congress Isn’t Likely to Rescue Trump on Tariffs
Foreign Policy
by Rachel OswaldFebruary 26, 2026
AI-Generated Deep Dive Summary
The U.S. Supreme Court’s recent ruling against President Donald Trump’s tariffs has left few Republicans in Congress eager to defend or codify them. Despite Trump’s claims that congressional action isn’t necessary, there are growing concerns about whether this stance will hold. The court’s decision, particularly highlighted by Justice Neil Gorsuch’s concurring opinion, criticized Republicans for failing to challenge Trump’s overreach of constitutional trade authority.
The ruling has forced Trump to pivot, imposing new tariffs under Section 122 of the 1974 Trade Act. This section limits such tariffs to 150 days, after which Congress must act to extend them. Republican Senator James Lankford noted that if Trump continues using this authority, Congress will ultimately have to address it. Meanwhile, Trump has argued that most trade deals remain intact due to the pressure of his tariffs, but analysts like Edward Fishman warn that the Supreme Court’s decision significantly弱ens Trump’s ability to use tariffs as a coercive tool in geopolitics.
The implications for Trump’s trade strategy are significant. Tariffs have been a key weapon in his arsenal for compelling countries to agree to concessions, such as increased foreign investment or accepting deportees. However, this ruling undermines that leverage, leaving Trump’s future moves uncertain. Republicans now face a dilemma: they risk voter backlash if they oppose Trump’s tariffs, but they also must contend with the growing realization that Congress may eventually be forced to take a stand.
This situation highlights a broader conflict over constitutional authority
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Originally published on Foreign Policy on 2/26/2026