Supreme Court striking down tariffs ‘foreseeable, logical,’ international trade law expert says

LAWRENCE — The U.S. Supreme Court on Friday struck down President Donald Trump’s tariffs implemented under the 1977 International Emergency Economic Powers Act, or IEEPA.

In the 6-3 ruling, the court stated the IEEPA did not grant the president authority to levy such taxes against foreign governments. 

Raj Bhala, University Distinguished Professor of Law at the University of Kansas and international trade law expert, is available to discuss the ruling with media.

The decision is a major blow to Trump’s economic agenda, which has relied heavily on tariffs against nations and domestic companies importing goods from around the globe. Bhala can discuss the ruling, its effects, how already levied tariffs will proceed, economic and political implications of the ruling and more.

“The court’s ruling was not only foreseeable but also is logical and well-reasoned. It is based on the Constitution, the text of IEEPA and the major questions doctrine. Politically, the decision is a reminder to the world that America is not a nation in which executive power is unchecked,” Bhala said.

“But economically, aside from the mess of ensuing refund requests, not too much will change. Under other statutory authorities, tariffs will be imposed. Replacement tariffs will be the reincarnated reciprocity tariffs,” he said.

Bhala has studied tariffs closely during both of Trump’s terms, recently publishing an analysis of the massive shifts in global trade in the Transatlantic Law Journal. He is an internationally acclaimed scholar of international trade law, having published several books and dozens of journal articles on the topic, including the leading textbook “International Trade Law” and the two-volume treatise “Modern GATT Law” as well as journal articles chronicling trade law from Trump’s first term through today. A dual citizen of the United States and Canada, he has worked in more than 25 countries, including India, China and throughout the European Union.

To schedule an interview, contact Mike Krings at mkrings@ku.edu or 785-864-8860.