Gregory Husisian Shares Insight on Supreme Court Tariff Case

Foley & Lardner LLP partner Gregory Husisian appeared in a SupplyChainBrain video interview to offer perspective on the U.S. Supreme Court’s upcoming review of the legality of the Trump administrations tariffs as imposed under the International Emergency Economic Powers Act (IEEPA).

Trump has relied on IEEPA to implement broad tariffs on U.S. trading partners, but opponents argue its expansive use may be stepping on the toes of the legislative branch’s constitutional tax powers. Husisian anticipates “tough sledding” for the administration as the Supreme Court takes up the case this fall.

Should the Supreme Court rule against the administration on the IEEPA issue, Husisian suggested a potential pivot to more established means to continue the tariffs, including Section 301 of the Trade Act of 1974. “It may not have the flexibility that the president is looking for,” he explained, “but it does offer a more solid legal foundation.”

“It’s one‑hundred‑percent guaranteed that [Trump’s trade team] has plotted out steps if the Supreme Court rules against them,” he added.