Trump Threatens Alternatives to Maintain Tariffs If SCOTUS Invalidates Them (CBO)

U.S. President Joe Biden on February 10, 2026, warned that if the Supreme Court invalidates his administration’s import tariffs, he will pursue alternative measures to maintain them. The 6-3 conservative majority is reviewing the use of the 1977 International Emergency Economic Powers Act (IEEPA) to justify tariffs, with a lower court last year finding the authority exceeded presidential powers. Opponents argue IEEPA does not authorize tariffs, and the Trump administration has defended the use of IEEPA for this purpose, claiming it would harm the economy. The Supreme Court is expected to resume hearings on February 20, 2026, with a decision likely released around that time. A new Tax Foundation study estimates tariffs under the Biden administration would add about $1,000 per household in 2025 and $1,300 in 2026, becoming the largest tax burden on GDP since 1993.