Trump lost on tariffs, but trade will never be the same
Subscribe to enjoy similar stories. President Trump still has three years left in office. Yet the Supreme Court’s ruling Friday that most of his tariffs are illegal has given the world a glimpse of U.S.
trade policy long after Trump has gone. It will be more orderly and less chaotic, less driven by impulse and vendetta, more discriminating between allies and adversaries. But it won’t be what prevailed before 2025, much less 2017, at the start of Trump’s first term.
The pursuit of liberalized trade and high-minded principles that once drove U.S. trade policy is gone. In its place is an unsteady equilibrium of tariffs and transactional deals.
American trade has moved in a more durably protectionist direction. In his first term, Trump’s tariffs were targeted. He used one law, Section 232, to impose tariffs on sectors deemed vital to national security such as steel, and another, Section 301, to tariff China for allegedly unfair trade practices.
The tariffs survived court challenges and paved the way for the new trade pacts with Japan, South Korea, Mexico and Canada. In his second term, he went for saturation coverage. First, he imposed tariffs of 10% to 25% on Mexico, Canada and China, supposedly to counter fentanyl.
Last April, he sprayed the world with levies as high as 125%. He did so claiming authority under the International Emergency Economic Powers Act to raise tariffs by any amount for any reason on any country indefinitely so long as he declares an emergency. In his first term, his trade team had rejected that path as too risky legally and politically.
He came up with novel applications almost weekly. He threatened Colombia with tariffs for refusing to take back deported migrants. He imposed tariffs on Brazil for
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