President Trump’s tariffs are under a new threat, a legal one, from the nation’s highest court. The U.S. Supreme Court is set to hear arguments whether the president can use the International Emergency Economic Powers Act (IEEPA) to impose broad tariffs on countries globally. Those oral arguments aren’t until November 5, but the White House is already trying to Supreme Court-proof these tariffs, in case they are deemed illegal.
According to Axios, the White House announced that beginning October 14, imported lumber will now face a 10% tariff. Unupholstered furniture and kitchen cabinets and vanities will face a 25% tariff before rising to 30% and then 50%, respectively in 2026. Trump also threatened tariffs on foreign-made furniture and 100% on movies made internationally.
These levies, though, are being instituted under a separate trade authority, section 232, which was also used to implement tariffs during the president’s first administration. The Commerce Department is also looking to implement section 232 tariffs on semiconductors, pharmaceuticals, robotics, aircraft and more. If history is any indication, these rates will be much higher and will be much tougher for businesses weather the storm.
With section 232 tariffs, an investigation must be done prior to implementing the tariffs and the levies are only implemented on goods determined to threaten national security. This allows the administration to go product-by-product, or with another trade authority, section 301, which allows the U.S. Trade Representative to impose tariffs on different countries. Both give the White House a wide latitude to expand the tariffs in certain sectors, like wood or anything Commerce Secretary Lutnick “deems appropriate.”
Which may be the only way President Trump’s tariffs remain legal. Both trade and legal experts see up to 80% odds the Supreme Court will rule Trump can’t use the IEEPA, that’s according to experts surveyed by JP Morgan. A note summarizing the bank’s conference in London said, “While the sitting three liberal justices are expected to oppose IEEPA tariffs, Chief Justice Roberts and Justice Barrett—both with pro-business leanings—may also side against. Kavanaugh is considered the swing vote and has voted with the majority 90% of the time…Legal experts point out that none of Trump’s three appointed justices is distinctively ‘Trumpy,’ and they have been less predictable than Republicans had hoped.”