Congress considers its role regarding tariffs following Supreme Court ruling

President Donald Trump has told Congress there is no need to impose tariffs, but recent attempts to impose new import duties could make it difficult to vote for Republicans ahead of the midterm elections. And Democrats have vowed to thwart efforts to extend President Trump’s trade policies.

Shortly after the Supreme Court lifted most of President Trump’s tariffs on Friday, the president doubled down, using Section 122 of the Trade Act of 1974 to trigger another round. The law caps interest rates at 15% and requires Congressional approval to extend beyond 150 days, potentially making it difficult to vote on an unpopular issue for Congressional Republicans in the midst of election season.

“Because every poll shows that American voters oppose tariffs by a 2-to-1 ratio, and the president is clinging to a very unpopular policy,” said Rep. Don Bacon (R-Neb.), one of six Republicans who voted earlier this month to repeal President Trump’s 35% tariff on Canadian imports.

The Supreme Court’s decision to cancel tariffs that President Trump imposed using the International Emergency Economic Powers Act (IEEPA) could deal a major blow to Trump’s economic policies and change the dynamics of the battle in Congress over his signature trade policies.

As Democrats plan to continue fighting President Trump’s tariff policies in the coming months, they are trying to link his tariffs to affordability and the role they say they played in raising prices.

“Senate Democrats will continue to fight back against President Trump’s tariffs and block any attempt to extend the harmful tariffs that expire this summer,” said Senate Democratic Leader Chuck Schumer. “Democrats will not stand by to further President Trump’s economic carnage.” said in a statement Monday.

Democrats have little control in the House or Senate, but the success of future votes to extend Section 122 tariffs or expand the president’s power to impose trade policy is far from certain, amid growing Republican frustration.

“In a razor-thin House majority, this legal rebuke gives Republicans more cover to break ground, especially on issues that have a direct economic impact on their districts,” said Brittany Martinez, executive director of Principles First, who worked for House Speaker Kevin McCarthy. “As we move toward the midterm elections, we will see more members prioritize the rule of law and community impact over party pressure.”

House Speaker Mike Johnson (R-Louisiana) acknowledged Monday that the outlook for tariffs in Congress is bleak.

“I think it’s going to be difficult to find agreement on the legislative side about the future direction of tariffs, and I think that’s why there’s so much focus on the executive side,” Johnson told reporters at the Capitol, according to MSNOW.

The House vote to overturn President Trump’s tariffs on Canada was symbolic, but the latest in a series of blows to Trump’s trade policies. The Senate passed several similar moves last year to implement some of the president’s IEEPA tariffs.

Mr Bacon recalled the night of the House of Commons vote: “I was in the cloakroom and I heard people saying, “I don’t like tariffs, but I voted against them.” “I think if the people had let them go without pressure, the number would have been five or six times higher. But obviously this is a top priority for the president, so the people are struggling with it.”

Some Republican defectors, like Rep. Kevin Kiley (R-Calif.), framed the opposition as a victory for checks and balances. “Last week’s vote by Congress and today’s Supreme Court decision represent exactly the give-and-take our founders envisioned,” Kiley wrote on X on Friday.

Mr. Bacon, who is retiring from Congress at the end of his term, pointed to a recent Tax Foundation study that found President Trump’s tariffs would amount to an average $1,000 tax increase for American households in 2025, as well as a New York Fed analysis that found American consumers and businesses were paying nearly 90% of the tariff burden. Both should be “red flags,” he said.

But any perceived act of defiance against the president could have consequences.

Over the weekend, President Trump withdrew his support for Colorado Republican Rep. Jeff Hurd, who had voted in favor of lifting tariffs on Canada. Hurd will face right-wing primary candidate Hope Schepelman, who is currently supported by Trump.

“When I took office, I swore an oath to the Constitution and the people I serve. Every vote I cast was guided by what is best for this district and the long-term strength of our country,” Hurd posted on X the day after the Trump attack.

How obedient will Congressional Republicans be to Trump in an election year?

Congressman Gregory Meeks (D.Y.) introduced a resolution disapproving the Canadian tariffs and planned to force an additional vote to eliminate President Trump’s other import tariffs.

Although the Supreme Court’s decision changed that strategy, Meeks said future votes on tariffs could go against Trump overall.

“I think that’s only going to be a continuing consequence as we move forward and continue to watch Mr. Trump’s actions, because what Mr. Trump is doing is hurting the American people,” Meeks said.

Bacon predicted that bipartisan efforts to legislatively reaffirm Congress’s constitutional authority over tariffs could gain momentum, pointing to a bill he introduced last year that had eight bipartisan co-sponsors as of Monday. Sen. Maria Cantwell, D-Washington, led her colleagues in the Senate with 13 co-sponsors, also a bipartisan group.

On Monday, a group of Senate Democrats led by Ron Wyden of Oregon announced a bill that would force Customs and Border Protection to issue tariff refunds to importers and small businesses. Rep. Stephen Horsford (D-Neverland) introduced a similar bill in the House on Friday, but neither has a clear path to passage as long as Democrats remain in the minority.

Asked Monday whether there should be a refund, Johnson said: “I don’t think so. The White House will figure that out.”

In theory, Republicans have the freedom to expand President Trump’s tariff powers and legally impose import duties. Some, like Sen. Bernie Moreno (R-Ohio), urged Republicans to “start immediately on a reconciliation bill to codify the tariffs that have made our country the hottest country on Earth!”

But John Feehely, a Republican strategist at EFB Advocacy and a former aide to House Speaker Dennis Hastert, said in an interview last week that “patience is wearing thin on the tariff front.”

“If you’re from an agricultural state or a country that exports equipment overseas, this is pretty difficult,” Feeley said.