Congress contemplates its role on tariffs after Supreme Court decision

• Trump's new tariffs under Section 122 cap rates at 15% and require congressional authorization after 150 days, forcing a potentially difficult election-year vote for Republicans
• Six Republicans joined Democrats to vote against Trump's 35% Canada tariff earlier this month, with Rep. Don Bacon noting opposition is likely '5-6 times higher' without party pressure
• Studies show Trump's tariffs amount to a $1,000 average tax increase for American families in 2025, with U.S. consumers bearing nearly 90% of the tariff burden

Summary

Key Developments

The Supreme Court delivered a major blow to President Trump's trade agenda Friday by striking down tariffs imposed under the International Emergency Economic Powers Act (IEEPA). Trump immediately responded by issuing new tariffs under Section 122, which caps rates at 15% and requires congressional authorization for extensions beyond 150 days—forcing a potential vote during midterm election season.

Congressional Opposition

Six Republicans joined Democrats earlier this month to overturn Trump's 35% tariff on Canadian imports in a symbolic House vote. Rep. Don Bacon (R-Neb.) warned that polls show American voters oppose tariffs at significant margins, citing data indicating tariffs amount to a $1,000 average tax increase for families in 2025. Research shows U.S. consumers and firms bear nearly 90% of the tariff burden.

Senate Minority Leader Chuck Schumer (D-N.Y.) pledged Democrats will block attempts to extend tariffs expiring this summer. While Democrats lack control of either chamber, the narrow Republican House majority creates uncertainty for future tariff votes.

Political Consequences

Trump retaliated against GOP defectors, endorsing a primary challenger against Rep. Hurd (R-Colo.) who voted against Canada tariffs. However, Republican strategists note opposition is larger than appears, with members under party pressure despite private concerns.

Legislative Response

Bipartisan bills to reassert Congress's constitutional authority over tariffs are gaining traction, with proposals led by Reps. Bacon and Meeks, and Sens. Cantwell (D-Wash.) and others. Senate Democrats introduced legislation requiring tariff refunds to importers.

Republican strategists describe tariffs as a "hard sell" for lawmakers from farm and export-dependent states as midterms approach.