Trump's trade czar reveals why Supreme Court is likely to back WH in next big tariff challenge

Trump's Trade Representative Outlines Supreme Court's Potential Support for White House in Upcoming Tariff Dispute

WASHINGTON — Peter Navarro, President Trump’s top advisor on trade and manufacturing, is prepared to implement “Plan B,” which involves imposing additional tariffs on trade partners following the Supreme Court’s rejection of “emergency tariffs.”

During an interview on “Pod Force One,” Navarro highlighted that while the Supreme Court dismissed the use of tariffs under the International Emergency Economic Powers Act (IEEPA), it did not address tariffs under other executive authorities. These include Sections 301 and 122 of the Trade Act of 1974, Section 232 of the Trade Expansion Act of 1962, and Section 338 of the Smoot-Hawley Tariff Act of 1930.

“The President has several powers delegated by Congress, and we intend to utilize them,” Navarro explained to Miranda Devine of The Post in the latest podcast episode released on Wednesday.

Navarro further noted that the Supreme Court’s decision has inadvertently reinforced these powers, as several justices cited them. He expressed confidence that in future legal challenges, the administration would have the Supreme Court’s backing.

Last Friday, the Supreme Court ruled against Trump’s application of the IEEPA to impose tariffs unilaterally.

Although the court’s majority opinion did not address the legality of Trump’s other tariff powers, conservative Justice Brett Kavanaugh mentioned these as viable alternatives in his dissenting opinion, a point Navarro emphasized during his discussion with The Post.

“We don’t see this as having struck a heavy blow,” Navarro explained, referring to how the Supreme Court shut down the IEEPA tariffs specifically. “We believe that this will actually be a very good thing for the Trump tariff policy, because if you analyze the decision, Miranda, it was very narrow in scope.”

IEEPA tariffs constituted about $133 billion of the roughly $251 billion worth of tariff revenue collected in fiscal years 2025 and 2026 as of last December, according to data from US Customs and Border Protection.

Trump favored IEEPA, a statute that never mentioned the word “tariff” and has never been used by another US president to impose them, because his other trade authorities are more onerous and complicated.


Every week, Post columnist Miranda Devine sits down for exclusive and candid conversations with the most influential disruptors in Washington on ‘Pod Force One.’ Subscribe here!


After the setback from the Supreme Court, Trump reimplemented a baseline tariff rate under Section 122 of the US Trade Act of 1974, bumping it up from its prior 10% to 15%.

The increase in worldwide baseline tariffs is because Trump’s ability to easily impose customized rates on specific countries under IEEPA has been shut down.

To impose country-specific tariffs, Trump’s team intends to use Section 301 of the Trade Act of 1974, which requires US Trade Representative Jamieson Greer to first conduct investigations on the trade practices of other countries before imposing specific retaliatory duties.

The Section 122 tariffs are set to expire after 150 days of issuance unless Congress re-ups them, which is not expected. That’s why the Trump administration is conducting studies and taking other steps to tap into his other authorities.

“It’s a very flexible tool,” Navarro stressed when asked about why the Trump administration went with IEEPA to impose the “Liberation Day” tariffs.

“We knew going in that there was a possibility that they [the IEEPA tariffs] would be struck down.”


Full Episode


Navarro, who has long been an advocate of protectionist trade policies, contended that Trump’s tariff regime has been critical to bringing back manufacturing to the US.

The White House manufacturing honcho noted that his favorite economic indicator for tracking the US is the Institute of Supply Management Manufacturing Index.

“When it’s below 50[%], then manufacturing is in decline,” he said. “When it’s above 50[%], manufacturing is expanding,” the trade adviser continued. “It’s been since August of 2022, during the Biden regime, that that index fell below 50[%].”

“I mean, [former President Joe] Biden was just killing our manufacturing. And when we got in, that thing was stubbornly lagging below 50[%] for many, many months, even as some of these other manufacturing indicators said, ‘No, things are good,’” he added.

“Finally, in the last time around, it jumped five points, well into above 50[%] territory. And that’s what’s happening,” he said.

You May Also Like

After Tupac Shakur's murder has finally been solved — will Notorious B.I.G.'s killer be brought to justice?

With a Suspect Charged in Tupac Shakur’s Killing, Will Notorious B.I.G.’s Murder Case Be Next?

The conviction tied to Tupac Shakur’s 1996 killing has renewed public scrutiny…
University of Michigan is hiding student grades — but effort to curb 'mental health crisis' is getting blowback

Michigan’s Hidden Grades Policy Sparks Mental Health Backlash

ANN ARBOR, Mich. — A new University of Michigan grading policy is…
Patrick Clancy spotted for first time since ex-wife Lindsay's mistrial

Patrick Clancy Reemerges After Lindsay Clancy Mistrial

Patrick Clancy has been photographed in public for the first time since…
Miami sheriff blasts Dem mayor for planned Grand Theft Auto 6 tie-in that top cops claim glorifies crime

Miami Sheriff Slams Democratic Mayor’s GTA 6 Promo as Police Warn It Glorifies Crime

Miami-Dade County Sheriff Rosie Cordero-Stutz is pushing back hard against a proposal…
Trump negotiators Witkoff, Kushner meet with Putin in Moscow as US pushes for end to Russia-Ukraine war

Witkoff, Kushner Meet Putin in Moscow to Push Ukraine War Deal

U.S. special envoy Steve Witkoff and Jared Kushner, President Donald Trump’s son-in-law…
Senior immigration official and alleged moneyman caught accepting $960K in bribes for citizenship favors: prosecutors

Senior Immigration Official and Alleged Fixer Took $960K in Citizenship Bribes, Prosecutors Say

A former senior immigration official and an alleged financial middleman are accused…
GOP Rep. Gill on Lindsay Clancy: 'We Have Gotten in a Habit of Medicalizing Evil'

GOP Rep. Gill Says Lindsay Clancy Case Shows America Has a Habit of Medicalizing Evil

Rep. Brandon Gill (R-TX) pushed back sharply Friday against attempts by accused…
Iran expands it ‘shadow empire’ across Middle East as Trump pulls troops from Iraq, Syria

US-Backed Push to Disarm Iran-Linked Militias in Iraq Falters

Trump says US no longer needs troops in Iraq President Donald Trump…
Long Island inmates in jail on drug charges use photo program to get clean: 'I was doing drugs with my mother'

Long Island Inmates Use Jail Photo Program to Fight Addiction

Inmates at the Suffolk County jail serving time for drug convictions turned…
Dr. Phil talks Lindsay Clancy mistrial and postpartum

Dr. Phil Weighs In on Lindsay Clancy Mistrial, Postpartum

Dr. Phil McGraw addressed the Lindsay Clancy trial on Saturday, speaking out…
Detransitioner takes malpractice fight to appeals court after North Carolina law change

Detransitioner Appeals Malpractice Fight After NC Law Change

A malpractice case brought by a detransitioner who says doctors spent years…
Nocatee ToyTopia theft prompts bigger conversation about what teens need in the community

Nocatee ToyTopia Theft Sparks Debate on Teen Community Needs

A Nocatee toy store says a group of teenagers stole dozens of…