‘Very unlikely’: Treasury secretary Scott Bessent downplays risk of court overturning Trump tariffs

US Treasury Secretary Scott Bessent said on January 18 it is “very unlikely” that the Supreme Court will strike down President Donald Trump’s use of emergency powers to impose sweeping tariffs, as the top court prepares to rule on one of the most consequential economic cases of its term. 

“I believe that it is very unlikely that the Supreme Court will overrule a president’s signature economic policy,” Bessent said in an interview on NBC’s Meet the Press. Drawing a comparison with the court’s past deference to major legislation, he added, “They did not overrule Obamacare. I believe that the Supreme Court does not want to create chaos.” 

Bessent’s comments come as the Supreme Court weighs the legality of Trump’s global tariff regime, imposed under the 1977 International Emergency Economic Powers Act (IEEPA). The court is expected to issue its next set of rulings on January 20, and a decision on the tariffs could come as early as this week. 

Emergency powers under scrutiny 

Trump has relied on the IEEPA to impose duties ranging from 10% to as high as 50% on imports from dozens of countries, arguing that trade imbalances and related factors constitute an “unusual and extraordinary threat” to US national security. The law was originally designed for rare national emergencies, not broad trade actions. 

During oral arguments held on November 5, both conservative and liberal justices questioned whether the statute provides sufficient legal grounding for such expansive tariff authority. The administration is currently appealing lower court rulings that found Trump exceeded his powers under the act. 

For the second time, on January 14, the Supreme Court declined to issue a decision, offering no indication of when a verdict might be announced, in line with its usual practice. 

Fresh tariff threats heighten tensions 

The legal uncertainty intensified over the weekend after Trump announced plans for a new round of tariffs on European goods until “a Deal is reached for the Complete and Total purchase of Greenland.” In a Truth Social post, Trump did not specify which statute he would use, but the move closely mirrors earlier tariffs imposed under the IEEPA. 

Trump has repeatedly warned that overturning his tariffs would destabilise the US economy. He has argued that refunding billions of dollars already collected in tariff revenue would be a “complete mess.” 

“If the Supreme Court rules against the United States of America on this National Security bonanza,” Trump wrote in a separate post, “WE’RE SCREWED!” 

India among hardest hit 

India has been one of the countries most affected by Trump’s tariff escalation. The total tariff burden on Indian exports to the United States has reached up to 50%, following additional penalties linked to New Delhi’s energy trade with Russia — measures India has described as “unfair and punitive.” 

Adding to the pressure, the White House last week imposed an additional 25% tariff on trade with countries doing business with Iran, a category that includes India as a major commercial partner.