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Paul Ryan: Supreme Court probably will limit Trump’s power to impose emergency tariffs

Paul Ryan: Supreme Court probably will limit Trump's power to impose emergency tariffs

Speaker Ryan Discusses the Future of Trump’s Tariff System

House Speaker Paul Ryan has voiced concerns about potential disruptions to President Trump’s extensive tariff system, which may have significant implications for financial markets.

Speaking on Wednesday, Ryan noted that the emergency customs measures—used as a legal foundation for a set of “mutual” tariffs set to take effect Thursday—might face challenges in the Supreme Court.

The Court of Appeals is currently examining the authority invoked by Trump through the International Emergency Economic Powers Act (IEEPA) of 1977, marking the first instance in which a president has utilized such tariff laws.

“It seems quite likely that the Supreme Court will overturn IEEPA,” Ryan stated. “This is the legislation backing these tariffs, and it lacks clear references to ‘customs.’ The president might need to lean on alternative laws to validate these tariffs, like 232, 201, or 301.”

Earlier this year, financial markets experienced a drop due to these tariffs but later rebounded to record highs. However, Ryan cautioned that assuming the new tariff landscape will settle into a predictable form might be misguided.

“The market believes that tariffs will stabilize in a straightforward manner,” he explained, “but I really don’t think that’s how it’s going to play out.”

Ryan also expressed concerns about various policy decisions that appear arbitrary, stating, “Tariffs were imposed on Brazil at 50%. We actually run a trade surplus with Brazil, so this doesn’t make much sense—it’s just the president acting on his impulses.”

A federal judge from the Washington, D.C.-based Court of Appeals for the Federal Circuit also expressed skepticism regarding the president’s use of the IEEPA recently.

Judge Timothy Dyke remarked, “It’s hard to see that Congress intended to give IEEPA such broad authority to dismantle the tariff schedule that had been meticulously developed over years, only to replace it with the president’s decisions.”

The economic consequences of Trump’s policy decisions are starting to become evident in the data.

Prices appear to be rising, likely as companies begin to pass on the increased costs resulting from the tariffs. The Personal Consumption Expenditures Price Index noted a 2.6% annual increase in July, while the Consumer Price Index rose by 2.7%.

The labor market is also showing signs of slowing, with just 106,000 jobs added since May, according to the Labor Department. In July alone, only 73,000 jobs were added.

While companies have indicated concerns about the unpredictability created by tariffs, it’s unclear if this is directly leading to slower job growth. It might also stem from a dwindling supply of available workers, a possible outcome of Trump’s immigration policies.

Economists assert that a tight job market could reveal itself in future employment statistics, such as rising unemployment and stagnant wage growth, signs of labor market “slack.”

If the labor pool shrinks due to restricted immigration policies, it could lead to an opposite effect, where a reduced supply of workers diminishes the perceived slack in the labor market, limiting potential employment levels, as noted by former Fed economist Claudia Sahm in recent comments.

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