Business leaders are expressing growing apprehension that Donald Trump may either disregard a Supreme Court ruling or employ legal maneuvers to evade consequences if the conservative-leaning court invalidates his tariff policies. According to Politico, indicators suggest the Trump White House anticipates an unfavorable decision — and is taking steps to retain tariff revenues already collected, potentially creating a complicated aftermath to any adverse ruling. Politico legal analyst Ankush Khardori noted that the administration’s apparent indifference to a potential loss obscures new legal and political challenges it would face. He wrote, “Their seeming indifference, however, also obscures the new legal and political obstacles that the Trump administration would confront.
“The fallback effort would not be as simple or straightforward a matter as they have claimed. It is true that the administration could use other statutes to replicate (largely, though probably not entirely) the current tariff regime in the short term. But a new set of questions would immediately emerge.” Khardori points to the lawsuit filed by wholesale retailer Costco as evidence that businesses recognize the administration’s position and are positioning themselves for refunds from a government reluctant to provide them. Trade lawyer Timothy Meyer warned that actions taken by Treasury Secretary Scott Bessent warrant scrutiny. Meyer noted, “Bessent and other members of the administration have spent months telling the public and the courts that refunding the IEEPA tariffs would lead to a fiscal calamity.” He characterized efforts to use refunds as leverage in litigation as “ham-handed,” stating that such tactics have “really just eviscerated any confidence that anyone would have that the administrative process would be administered efficiently, quickly and in good faith.” Meyer added, “People increasingly suspect the Justice Department will drag this out for as long as possible.” A Supreme Court defeat could have broader political consequences for the Republican Party. While Trump’s congressional allies might be expected to encourage the president to abandon his tariff strategy to protect their political interests, Trump remains firmly committed to the policy. By continuing to pursue tariffs despite a major court setback, he risks damaging his party’s standing and could face intensified Democratic scrutiny if they regain House control.
According to Khardori, “Trump is a true believer on tariffs, and he appears poised to plow forward even if he suffers a major setback at the Supreme Court. In the process, he could end up dragging his own party down with him.”
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