President Trump’s move to introduce new import taxes worldwide has sparked widespread criticism, including objections from members of his own party, after the Supreme Court rejected his broad tariff policy on Friday.
Rep. Don Bacon (R-Neb.) said Congress is expected to contest the new tariffs, expressing confidence that lawmakers would ultimately overturn them.
“There may not be a veto-proof majority, but there will be a majority opposing this 10 percent global tariff,” Bacon told CNN on Friday. “I believe the president is making a mistake.”
The Supreme Court ruled that the Trump administration had improperly used the International Emergency Economic Powers Act (IEEPA) to impose tariffs. Shortly after the decision, Trump announced a new 10 percent global tariff through an executive order, this time citing Section 122 of the Trade Act of 1974. The provision permits tariffs of up to 15 percent for 150 days to address significant trade deficits.
In a Truth Social post on Saturday, Trump indicated he may increase the tariff rate to the maximum 15 percent allowed under the statute.
The court’s 6-3 ruling reaffirmed Congress’s constitutional authority over taxation and trade policy. Notably, the majority opinion included two justices appointed by Trump.
Responding to the decision, Trump criticized the justices who opposed his position, writing that they “should be ashamed,” while pledging to explore alternative strategies to advance his trade agenda.
The ruling follows recent congressional action targeting the administration’s trade policies. Earlier this month, the House voted on a resolution to repeal tariffs on Canada, with six Republican lawmakers — including Bacon — joining Democrats in support.
“Any tariff the president wants must go through Congress,” Bacon said. “That’s the core message of this ruling, and I agree with it. It reflects the intent of the founders and long-standing Republican principles.”
Trump’s tariff policies have drawn growing criticism from consumers and lawmakers across party lines.
Sen. Mitch McConnell (R-Ky.) said the Supreme Court’s decision removes any ambiguity regarding Congress’s role in trade policy.
“Congress’s authority over trade policy is not optional,” McConnell said. “If the executive branch seeks to implement policies affecting American businesses and consumers, it must work through representatives under Article 1.”
Sen. Rand Paul (R-Ky.) also welcomed the ruling, calling it “a defense of our Republic” in a post on X.