Congress contemplates its role on tariffs after Supreme Court decision

President Donald Trump says he does not need Congress to impose tariffs, but his recent attempts to impose new import duties could trigger difficult votes for Republicans ahead of midterms. And Democrats are vowing to disrupt attempts to extend Trump’s trade policy.

Shortly after the Supreme Court spiked a majority of Trump’s tariffs on Friday, the president doubled-down and issued another round using Section 122 of the 1974 Trade Act. That statute caps rates at 15% and requires congressional authorization for an extension beyond 150 days, creating the potential for a difficult vote on an unpopular issue for congressional Republicans in the midst of election season.

“I’m freaked out about it. Because every poll shows that American voters are against tariffs at a 2-to-1 ratio. The president has latched on to a very unpopular policy,” said Rep. Don Bacon, R-Neb., one of six Republicans who voted earlier this month to strike down Trump’s 35% tariff on Canadian imports.

The Supreme Court‘s decision, which struck down tariffs Trump issued using the International Emergency Economic Powers Act, or IEEPA, dealt a massive blow to Trump’s economic agenda and could change the dynamics of the fight in Congress over the president’s signature trade policy.

Democrats have tried to connect Trump’s tariffs to affordability — and the role they say tariffs have played in rising prices — as they map out a plan to continue fighting Trump’s tariff agenda in the coming months.

“Senate Democrats will continue to fight back against Trump’s tariff tax, and will block any attempt to extend these harmful tariffs when they expire this summer. Democrats will not go along with furthering Trump’s economic carnage,” Senate Minority Leader Chuck Schumer. D-N.Y., said in a statement on Monday.

While Democrats hold little power without control in the House or Senate, the success of any future vote to extend his Section 122 tariffs or expand the president’s power to impose his trade policy is far from certain as GOP frustration builds.

“In a razor-thin House majority, that legal rebuke gives Republicans more cover to break ranks, especially on issues with direct economic consequences for their districts,” said Brittany Martinez, executive director at Principles First who worked for Speaker Kevin McCarthy. “As we move toward the midterms, we’re likely to see more members prioritize the rule of law and local impact over party pressure.”

House Speaker Mike Johnson, R-La., on Monday acknowledged the dim prospects for tariffs in Congress.

“It’s going to be, I think, a challenge to find consensus on any path forward on the tariffs on the legislative side. That is why I think you see so much of the attention on the executive side,” Johnson told reporters at the Capitol,…