Missouri Sen. Eric Schmitt is calling Friday’s Supreme Court decision on tariffs “wrongly decided,” though arguing the high court’s move to block emergency tariffs won’t stop the Trump administration from protecting American workers.
While the court ruled 6-3 the president lacks authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA), Schmitt told The Heartlander he believes other legal avenues remain open wide.
“I think it was wrongly decided,” Schmitt said. “I think under IEEPA, the language about regulating trade certainly means tariffs. I think that’s what Kavanaugh, Thomas and Alito saw in the dissent.”
The case centered on whether the 1977 law intended for national emergencies could be used to address trade imbalances. Chief Justice John Roberts wrote for the majority that the law contains no specific reference to tariffs.
“All the globalists might think they have a temporary victory but it won’t last long,” Schmitt said.
His prediction came true. President Trump signed an executive order Friday basically killing the tax break that usually lets small packages enter the U.S. without any extra fees. By linking these fees to a 10% “Temporary Import Surcharge,” the administration is using an old legal trick from the Nixon era.
Essentially, even if the courts say Trump’s first attempt at tariffs was illegal, his new executive order ensures the government keeps collecting that money on almost every package coming through the mail or a shipping carrier. It’s Trump’s way of saying the tariffs aren’t going anywhere.
“And there won’t be anything anybody can do about it, because the Supreme Court’s already upheld a president’s ability to do that,” Schmitt said.
Schmitt countered arguments from some Republicans that tariffs are merely a tax on the public, noting the real cost is allowing foreign markets to “rip off” the U.S.
“I think a lot of people celebrating [the Supreme Court’s decision] are the same people that were perfectly willing to sell out the American worker, ship those jobs to China, then bring in illegal immigrants to undercut the wages,” Schmitt said.
Schmitt suggests foreign nations must first remove trade barriers and unfair trade practices if they want to sell to U.S. consumers.
“If you think it’s a win to have Europe rip us off for 50 years, or to have China rip us off for 50 years, or not be able to sell beef in Australia, that’s your point of view. People ought to understand it is a privilege to sell your product to 40% of all the consumer spending in the world. That’s what the American marketplace is.
“President Trump’s the first president in my lifetime to try to upend all that and fix the problem. I’m fully supportive of the effort to finally stand up for American workers.”
