Democrats are celebrating the Supreme Court’s decision to strike down President Trump’s tariff agenda, vowing to use it against Republicans in the upcoming midterm elections.
The economy is already a top issue for voters and Democrats will attempt to tie tariffs to it as they make the case to take control of Congress.
“This decision from SCOTUS will NOT save vulnerable House Republicans. They are on the record voting multiple times to enable Trump’s tariffs which have raised prices across the board,” said House Majority PAC, which works to elect Democrats.
Congressional primaries start next month leading up to the November general election. The entire House of Representatives is at stake as is one-third of the Senate. Republicans are trying to keep control of both chambers.
“The Supreme Court decision striking down the harmful Trump tariffs is a big victory for the American people. And another crushing defeat for the wannabe king,” House Minority Leader Hakeem Jeffries, D-N.Y., said.
Trump, however, had a snappy retort, telling reporters in a press conference on Friday that Jeffries “doesn’t even know what a tariff is.”
Trump’s various taxes on foreign countries has been a controversial proposition. Several companies pointed to the policy as the reason for the hike in prices.
Democrats have made the cost of living a political rallying cry in this election year. And some GOP lawmakers have quietly tried to stay away from the issue, seeing it as a no-win situation.
House Republican leaders have tried to shield their vulnerable incumbents from taking a vote on tariffs, to avoid showing the rifts in their own party on the president’s signature tax policy. Last week, however, six Republicans joined most Democrats to rebuke the emergency declaration Trump used for tariffs on Canada.
“I feel vindicated,” Republican Rep. Don Bacon of Nebraska wrote on social media after the Supreme Court decision. He was one of the six defecting Republicans.
Speaker Mike Johnson, however, released a more measured statement, saying discussions on the issue need to continue.
“No one can deny that the president’s use of tariffs has brought in billions of dollars and created immense leverage for America’s trade strategy and for securing strong, reciprocal America-first trade agreements with countries that had been taking advantage of American workers for decades. Congress and the Administration will determine the best path forward in the coming weeks,” he said.
Trump, however, is determined to see his tariff policy through and has several fallback ways to keep it the law of the land.
He’s weighing Section 122 of the 1974 Trade Act. That law allows the president to impose those tariffs for 150 days, but then they would need congressional approval.
It’s unclear he could get enough support on Capitol Hill, where Republicans have a slim four-seat majority in the House and would need seven Democrats to sign on in the Senate to get the legislation through a process called cloture.
Trump has other options but those could face the same legal test.
And, despite some polls that show his tariff plan is unpopular, the president still sees it as the best financial path for the country.
“I hope everyone’s going to vote Republican, because otherwise you won’t have a country left,” he said at Friday’s news conference, where he repeatedly blasted the high court justices who struck down his plan.
What remains unclear is what happens to the money collected by the federal government.
The president has argued Americans will see rebate checks from the revenue the tariffs brought into the treasury, which would help Republicans politically if that money hits people’s bank accounts. In 2025, the U.S. brought in $289 billion from the tariffs and other excise taxes, the Bipartisan Policy Center found.
Furthermore, Trump pointed out, the Supreme Court didn’t rule on whether the country had to return those funds that were collected.
“What happens all the money? It wasn’t discussed. Wouldn’t you think they would have put one sentence in there saying that keep the money or don’t keep the money? I guess it has to get litigated for the next two years,” Trump said.
The fear of litigation will likely keep the funds in the U.S. Treasury for the foreseeable future.
Republicans lawmakers may get a political reprieve from the issue as they campaign for votes.
Trump argued he has the authority to impose new and costly tariffs on foreign imports without congressional approval, which would spare his party a tough vote.
Here’s the latest on President Trump’s tariffs following Supreme Court ruling:
“I’ve always had the right to do tariffs, and it’s all been approved by Congress, so there’s no reason to do it,” he said.
Although the issue of separation of powers remains. Even the Supreme Court, in its ruling, said the president must look to Capitol Hill for authority.
“The President asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope,” Chief Justice John Roberts wrote. “In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it.”
Some Republicans agreed.
“Tariffs are taxes and the power to declare them belongs to the Congress,” Republican Sen. Rand Paul of Kentucky said Friday, praising the Supreme Court decision.
