Trump has ‘backup plan’ to reimpose tariffs if Supreme Court strikes down levies, says aide

The Supreme Court held its first opinion day of the year on Friday, but did not issue a ruling on the legality of the tariffs.

The Trump administration is preparing to rely on alternative legal authorities to rapidly reimpose tariffs if the Supreme Court invalidates the president’s sweeping global levies, National Economic Council Director Kevin Hassett said.

U.S. President Donald Trump looks on as he signs executive orders and proclamations in the Oval Office at the White House, in Washington, D.C., U.S., May 5, 2025. (REUTERS)

“We’ve got a very, very detailed backup plan. We’re confident that if we were to lose this case, that we can get all of the president’s policies in place almost immediately with alternative authorities,” Hassett said Friday on Fox News.

The Supreme Court held its first opinion day of the year on Friday, but did not issue a ruling on the legality of the tariffs imposed under the International Emergency Economic Powers Act. The decision is expected to have implications for Trump’s reciprocal duties and fentanyl-related charges.

More opinions could be released over the next two weeks as the justices return from their holiday recess.

Contingency plans being discussed

US Trade Representative Jamieson Greer is expected to lead the alternative strategy, Hassett said.

While Hassett did not detail which legal authorities would be used to reinstate the tariffs, he told Fox Business that Section 301 powers are among the options under review.

That approach typically requires a longer process than the emergency law route. Officials are also considering Section 122 of the Trade Act, which allows the president to impose duties unilaterally, though those measures are limited in duration and rate.