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Supreme Court tariffs ruling

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Moreno calls for GOP to codify scuttled Trump tariffs

Sen. Bernie Moreno (R-Ohio) called for Republicans in Congress to codify President Trump’s tariffs after the Supreme Court on Friday invalidated the levies.

“SCOTUS’s outrageous ruling handcuffs our fight against unfair trade that has devastated American workers for decades,” Moreno said in a statement. “These tariffs protected jobs, revived manufacturing, and forced cheaters like China to pay up. Now globalists win, factories investments may reverse, and American workers lose again. 

“This betrayal must be reversed and Republicans must get to work immediately on a reconciliation bill to codify the tariffs that had made our country the hottest country on earth!” he added.

The Ohio Republican, who is a member of Senate Majority Whip John Barrasso’s (R-Wyo.) whip team, made the call as Republicans question the possibility of moving forward on a second reconciliation package less than a year after they used the process to pass the One Big Beautiful Bill Act last summer. Budget reconciliation allows the majority party to bypass the Senate filibuster to pass a bill, but it is an arduous process with a number of constraints.

Some Senate Republicans have called for action ahead of the midterms to help drive down costs for Americans or to deal with health care, defense or housing policy, among other items. 

That debate has sparked a divide as others believe that Republicans’ focus in coming months must be on selling the massive tax cut package they already passed, which the party has acknowledged it must do more to promote.

Any push to codify Trump’s tariffs through reconciliation would likely be a contentious one given that the levies are a divisive issue in the Senate GOP. Republican opponents of the tariffs argue they represent a harmful tax on Americans and that the power to tax lies with Congress.

Four Republicans joined Democrats last year in voting to repeal a wide swath of Trump’s global tariffs, and several GOP senators, including Rand Paul (Ky.) and Mitch McConnell (Ky.) celebrated the Supreme Court decision on Friday.

The House GOP’s one-vote margin also means getting any bill of consequence over the line would be extremely difficult. 

The court’s 6-3 ruling marked a major blow to Trump’s economic efforts, with the president warning in recent months that striking them down would be a financial calamity for the U.S. given the tens of billions collected via these tariffs.

The tariffs in question were levied via the International Emergency Economic Powers Act (IEEPA), which had allowed him to slap them on individual countries rapidly. 

Chief Justice John Roberts wrote for the majority in the case, saying the IEEPA “does not authorize the President to impose tariffs.” 

“It is also telling that in IEEPA’s half century of existence, no President has invoked the statute to impose any tariffs, let alone tariffs of this magnitude and scope,” Roberts wrote. “Accordingly, the President must ‘point to clear congressional authorization’ to justify his extraordinary assertion of that power. He cannot.”

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