Treasury Secretary Scott Bessent outlined contingency options Tuesday should the Supreme Court rule against President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs on trading partners.
The Supreme Court is scheduled Wednesday to hear oral arguments on whether Trump exceeded his authority under IEEPA as a tool for shaping economic policy.
The high court's ruling, expected later this term, could shape how much latitude future presidents have in wielding emergency powers for economic or trade policy.
Bessent told CNBC's "Squawk Box" that the administration expects to prevail but has alternative statutory tools available if the court rules against it.
"There are lots of other authorities that can be used, but IEEPA is by far the cleanest, and it gives the U.S. and the president the most negotiating authority," he said. "The others are more cumbersome, but they can be effective."
Bessent cited Section 232 of the Trade Expansion Act of 1962, which authorizes tariffs on national-security grounds, and Section 301 of the Trade Act of 1974, which targets unfair trade practices.
Those provisions, he noted, would not allow Trump to act as broadly or as quickly as under IEEPA's "emergency" authority.
"This is very important tomorrow, and SCOTUS is going to hear this," Bessent said. "This is a signature policy for the president, and traditionally, SCOTUS has been loath to interfere with these signature policies."
White House aides have reportedly spent weeks preparing backup options in case the justices find that Trump exceeded his authority under IEEPA.
Six current and former officials familiar with the planning told Politico that the administration has developed ways to reconstitute the tariff system using a mix of trade statutes — including those cited by Bessent, along with Section 122 of the Trade Act of 1974 and the rarely used Section 338 of the Tariff Act of 1930 — to preserve leverage over U.S. trading partners and maintain billions of dollars 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.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.