GOP saddled with tariff whiplash as Trump seeks legal showdown – Washington Examiner

The article discusses the recent legal challenges facing former President Donald Trump’s tariffs following a ruling from a three-judge panel on the U.S. Court of International Trade. The panel steadfast that Trump lacked the emergency powers to impose certain tariffs, which has stirred notable concern among Republican lawmakers due to the unpopularity of these tariffs with the public. Despite this ruling, the White House intends to push back legally and has hinted at appealing the case to the Supreme Court.

Republicans are caught between supporting Trump and addressing the economic repercussions of his tariffs, which are seen as incompatible with conservative free-market principles.The ongoing legal battles and the divisions within the GOP over tariffs are causing tension, with some members advocating for Congress to reclaim tariff authority from the President. Public opinion polls indicate skepticism about the benefits of tariffs, which many believe have not delivered the promised economic growth.

As the situation unfolds, Democratic leaders have criticized Trump’s tariff approach, viewing the court’s decision as a reinforcement of congressional authority over trade matters. The article highlights the internal GOP struggles and raises questions about the potential political ramifications of the ongoing legal saga regarding Trump’s tariffs.


GOP saddled with tariff whiplash as Trump heads for Supreme Court showdown

A little-known three-judge panel’s ruling against President Donald Trump’s tariffs could have presented an easy off-ramp for him to call it quits on an economic policy unpopular with the public and worrisome for GOP lawmakers.

Instead, the White House is barreling forward with its legal battle against the ruling from the U.S. Court of International Trade and heading for a Supreme Court showdown. The courtroom saga means that congressional Republicans will face a drawn-out nightmare on an issue that divides the party.

House and Senate GOP leaders, who’ve walked a tightrope between defending Trump and their concerns over tariff-induced economic pains, stayed mum Thursday after a dizzying 24-hour period with back-to-back rulings blocking most of the president’s tariffs, an appeal from the administration, and a temporary reprieve that allowed the import taxes to remain.

Even those backing bipartisan bills for Congress to claw back tariff authority from Trump were silent, with the exception of centrist Rep. Don Bacon (R-NE), the lead author on legislation in the House.

“The courts have affirmed Congress’s constitutional responsibility over tariffs,” Bacon told the Washington Examiner in a statement. “In the past, Congress has passed legislation granting the president temporary tariff authority. However, as James Madison noted, ‘such powers belong in the House, closest to the people.’”

The U.S. Court of International Trade, a little-known three-judge panel, ruled Wednesday that Trump lacked the emergency powers used to impose across-the-board so-called Liberation Day 10% tariffs. A second, narrow order blocking portions of his tariffs was handed down Thursday by U.S. District Judge Rudolph Contreras of the District of Columbia.

Both rulings were appealed by the administration, and a federal appeals court determined the tariffs can remain in effect during legal challenges. The White House threatened Thursday to appeal to the Supreme Court.

For now, the status quo remains, with a 10% baseline on most foreign trade partners, 25% on Canada and Mexico, and 20% on China.

But it also means the Republican heartburn over tariffs, a pillar of Trump’s economic agenda that contradicts free market conservatism, will persist. Most Americans say they’re skeptical tariffs will lead to the domestic manufacturing boom and economic prosperity Trump has promised. More consider it Trump’s “biggest” second-term mistake over other policy issues.

A House Republican, who was granted anonymity, said that while the president “has a lot of authority … the baseline tariffs probably need congressional action.”

“I just think that a lot of members would like to see this all go away,” Republican strategist John Feehery said.

Feehery, who was an aide to former GOP House Speaker Dennis Hastert, added, “Ultimately, if the Supreme Court rules against the president on this issue, it’ll actually help the president politically. I think it would lead to an economic boom.”

Speaker of the House Mike Johnson (R-LA), left, and Senate Majority Leader John Thune (R-SD) make statements to reporters ahead of vote in the House to pass a bill on President Donald Trump’s top domestic priorities of spending reductions and tax breaks, at the Capitol in Washington, Thursday, April 10, 2025. (AP Photo/J. Scott Applewhite)

White House press secretary Karoline Leavitt dismissed the anti-tariff rulings as the work of “activist judges” during a Thursday briefing and said the administration has other legal avenues to implement them.

“The president’s trade policy will continue,” Leavitt said. “We will comply with the court orders. But yes, the president has other legal authorities where he can implement tariffs.”

In a lengthy Truth Social post later that evening, Trump blamed the Federalist Society‘s “bad advice” on judicial nominations because one of the three judges, Timothy M. Reif, was appointed by Trump in his first term. The other two are Obama appointees. Trump also assailed the conservative’s legal group’s leader, labeling him a “sleazebag.”

“Where do these initial three Judges come from? How is it possible for them to have potentially done such damage to the United States of America? Is it purely a hatred of ‘TRUMP?’” Trump posted. “What other reason could it be? I was new to Washington, and it was suggested that I use The Federalist Society as a recommending source on Judges. I did so, openly and freely, but then realized that they were under the thumb of a real ‘sleazebag’ named Leonard Leo, a bad person who, in his own way, probably hates America, and obviously has his own separate ambitions.”

Congress is on Memorial Day recess this week and returns to Capitol Hill next week, aiding in lawmakers’ abilities to largely skirt reporters seeking to pepper them with questions on a touchy political subject.

Some Republicans have come to Trump’s defense, including Sen. John Kennedy (R-LA), who has expressed past concerns about tariffs.

“I think it’s pretty clear that the president has tariff authority; Congress gave it to him,” he said during a Fox News interview Wednesday, as the Court of International Trade ruling was handed down.

Rep. Andy Barr (R-KY) slammed the decision as “ridiculous” and, prior to Trump using a similar line, said the three judges “have a problem with Trump.”

TRUMP TARIFFS APPEAR DESTINED FOR SUPREME COURT SHOWDOWN

Democrats celebrated the court rulings as vindication that Trump was flouting the Constitution in using emergency powers to skirt Congress.

“It’s time for Congress to stand up for struggling American families, put an end to Trump’s tariff tax roller coaster, and follow common sense and the law,” said Senate Minority Whip Dick Durbin (D-IL), the chamber’s No. 2 Democrat. “But the question is, are congressional Republican leaders listening?”

Mabinty Quarshie contributed to this report.



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