WASHINGTON D.C. – President Donald Trump is expected to address the nation tonight in a State of the Union address framed by a recent Supreme Court ruling that significantly curtailed his authority to impose tariffs. Despite the legal setback, the President has already moved to re-establish tariffs under a different statute, setting the stage for a potential showdown with Congress as lawmakers grapple with the future of U.S. Trade policy.
The Supreme Court, on , struck down tariffs imposed by Trump using the International Emergency Economic Powers Act (IEEPA), finding that the president lacks the constitutional authority to impose tariffs without explicit congressional approval. The ruling, however, leaves most existing tariffs intact and opens new legal battles over refunds and the interpretation of other trade authorities. Almost immediately following the ruling, President Trump invoked Section 122 of the 1974 Trade Act, reimposing tariffs, a move that highlights his continued commitment to a protectionist trade agenda.
This latest action, however, is subject to congressional oversight. Section 122 caps tariff rates at 15% and requires congressional authorization for extension beyond 150 days, potentially forcing a difficult vote for Republican lawmakers in the lead-up to midterm elections. The timing is particularly sensitive, as polls indicate widespread public opposition to tariffs, with a 2-to-1 ratio
of Americans expressing disapproval, according to Representative Don Bacon (R-Neb.). Bacon, one of six Republicans who previously voted to overturn Trump’s 35% tariff on Canadian imports, expressed freaked out
about the situation, acknowledging the unpopularity of the policy.
The President’s address is anticipated to focus heavily on trade, immigration, and foreign policy, despite facing growing criticism on a range of issues. He is expected to reiterate his commitment to making America great again
and defend his trade policies as essential to protecting American jobs and industries. The speech, according to the White House schedule, is expected to be lengthy, with the President not scheduled to return to the White House until 11:30 p.m.
However, the President’s address will be met with resistance from within Congress. At least Democratic lawmakers plan to boycott the speech, opting instead to hold an outdoor rally on the National Mall. Representative Chris Van Hollen, in a social media post, stated that Trump is marching America towards fascism, and I refuse to normalize his shredding of our Constitution & democracy.
A separate event, State of the Swamp
, is also planned, featuring prominent Democrats and celebrities, including actors Robert De Niro and Mark Ruffalo.
Following the President’s address, Virginia Governor Abigail Spanberger will deliver the Democratic rebuttal. House Minority Leader Hakeem Jeffries and Senate Minority Leader Chuck Schumer praised Spanberger as a public servant who has consistently held Trump accountable and demonstrated the ability to win in competitive districts. Jeffries stated that Spanberger stands in stark contrast to Donald Trump, who will lie, deflect and blame everyone but himself for his failed presidency on Tuesday evening.
Spanberger has indicated she will address concerns regarding rising costs, community safety, and anxieties about the future.
In addition to Spanberger’s address, Representative Alex Padilla (D-California) will deliver a rebuttal in Spanish, focusing on immigration, the economy, and fair elections. Padilla’s participation comes after a previous incident where he was restrained
and removed after attempting to question Kristi Noem at a press conference.
The Supreme Court’s decision underscores a fundamental constitutional principle: the power to impose tariffs rests with Congress, not the President. The ruling stems from the fact that the Constitution grants taxing power, including tariff authority, to the legislative branch. Any presidential imposition of tariffs requires a delegation of authority from Congress. The Court determined that IEEPA did not constitute such a delegation. Chief Justice John Roberts, writing for the majority, stated that IEEPA contains no reference to tariffs or duties.
The implications of the ruling extend beyond the immediate fate of Trump’s tariffs. It opens new fronts in the trade debate, including potential legal challenges over tariff refunds and the stability of existing trade deals. The decision also forces Congress to confront its own role in shaping U.S. Trade policy, a role it has largely ceded to the executive branch in recent decades. The coming months will likely see intense negotiations between the White House and Congress as lawmakers attempt to navigate the complex legal and political landscape surrounding tariffs and trade.
The situation presents a significant challenge for congressional Republicans, who are already facing a difficult midterm election cycle. The prospect of a vote on extending Trump’s tariffs, particularly given the widespread public opposition, could further complicate their efforts to maintain control of Congress. Democrats, meanwhile, are vowing to disrupt any attempts to extend the President’s trade policies, setting the stage for a protracted and contentious battle over the future of U.S. Trade.
