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Senators Push to Roll Back IEEPA Tariffs and Limit Executive Tariff Authorities

Several Democratic senators talked about their legislative efforts to rein in President Donald Trump's sweeping tariff hikes the same day that the Supreme Court grappled with the question of whether Congress gave away too much of its power to the president to set tariffs.

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Sen. Tim Kaine, D-Va., who has led efforts to rescind the emergencies underlying the tariffs on Canada and Brazil, urged the House of Representatives to take similar votes. Senate Minority Leader Chuck Schumer of New York and Senate Finance Committee ranking member Ron Wyden of Oregon followed Kaine's lead in introducing a resolution to roll back reciprocal tariffs. All three measures passed the Senate last week, with the Canada resolution passing for a second time.

"The Constitution gives Congress the clear authority to impose taxes and duties. But President Trump has relied on the International Emergency Economic Powers Act (IEEPA), a law that never once mentions the words ‘tariff’ or ‘duty,’ to impose tariffs on billions of dollars of goods from every country," Kaine said in a press release.

Schumer, in a floor speech, said, "After an overwhelming rejection of the Trump/Republican agenda at the polls, this morning, Donald Trump’s lawyers are at the Supreme Court trying to argue his global tariffs are legal. They are illegal, but they’re arguing they’re legal.

Maybe the Supreme Court will put Donald Trump and Republicans out of their tariff misery by declaring Trump’s tariffs illegal ... ."

Schumer said that would help Trump, because "poll after poll after poll shows that Americans are paying more at the grocery store, that they blame Trump for rising prices, and that they disapprove of his tariffs."

Sen. Maria Cantwell, D-Wash., in a press release, praised "the small businesses that had the courage to challenge President Trump’s unlawful abuse of the International Emergency Economic Powers Act (IEEPA). Their livelihoods depend on the Supreme Court getting this right, so I hope the justices rule quickly and reaffirm Congress’ constitutional prerogative over the imposition of tariffs, as all the lower courts have held. But our constituents shouldn’t have to absorb the economic chaos of Trump’s trade wars while we wait for the Court. Congress can and should act now by passing the bipartisan, bicameral Trade Review Act with a veto-proof majority vote.”

The Trade Review Act, which was co-sponsored by Sen. Chuck Grassley, R-Iowa, and has six other Republican senators on board, would only allow the president to impose tariffs under sections 232, 301 and 338 or the IEEPA for 60 days; after that, they would sunset, unless Congress approved them (see 2504030018).