Despite being confident the Supreme Court will uphold President Donald Trump's tariff powers, administration officials have been working on an alternative plan just in case.
White House aides have quietly spent weeks preparing backup options should the justices rule that Trump exceeded his authority by invoking the 1977 International Emergency Economic Powers Act (IEEPA) to impose sweeping global tariffs, Politico reported Tuesday.
The court will hear arguments Wednesday in two cases over whether Trump overstepped federal law with many of his tariffs.
Six current and former officials familiar with the effort said the administration has mapped out ways to reconstitute the tariff system using a mix of other trade statutes, including Sections 232, 301, 122, and even the rarely used Section 338, to preserve leverage over U.S. trading partners and maintain billions in tariff revenue.
"They're aware there are a number of different statutes they can use to recoup the tariff authority," Everett Eissenstat, a former deputy director of the White House National Economic Council, told Politico.
"There's a lot of tools there that they could go to."
Trump's use of IEEPA, originally intended for national emergencies, is central to his "America First" economic strategy.
A ruling against Trump could shake the foundation of his trade policy, which has driven major concessions from countries such as China, Japan, and the European Union while helping offset U.S. deficits through increased customs receipts.
"This is all about foreign policy," said Alex Gray, Trump's former National Security Council chief of staff. "To diminish the tools he has to do that is really dangerous."
White House officials are publicly projecting confidence.
"We're using a law that Congress passed, in which they gave the executive branch the authority to use tariffs to address national emergencies," a senior official told Politico.
Still, even supporters concede a loss would complicate Trump's ability to use tariffs as a fast, flexible negotiating tool.
Alternative authorities like Section 301, which was used against China in Trump's first term, or Section 232, which allows tariffs on national security grounds, require lengthy investigations or apply more narrowly by product category.
Treasury Secretary Scott Bessent told Fox News that he will attend Wednesday's Supreme Court hearing, calling the case "a matter of national security."
"This is an economic emergency," Bessent said, stressing that Trump's tariff strategy protects American jobs and industries.
Bessent has also said that even if IEEPA is struck down, the administration will "simply switch" to other legal authorities such as Section 122, which permits short-term 15% tariffs, or Section 338, which allows up to 50% duties on countries that discriminate against U.S. commerce.
"You should assume they're here to stay," he said of Trump's tariffs.
Reuters reported that U.S. companies, trade lawyers, and economists are watching the case closely, noting that Trump's tariffs have reshaped global supply chains while generating record customs revenues.
Some analysts warn a reversal could disrupt markets and trigger massive refund claims exceeding $100 billion.
Administration allies argue that rolling back Trump's tariffs would undermine U.S. leverage abroad, especially amid Chinese economic aggression and rising global instability.
"These tariffs are not just about economics," said one senior official. "They're about protecting American sovereignty."
Whether through IEEPA or another statute, Trump aides insist the president's message remains the same: America will no longer tolerate unfair trade.
Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
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