By Annie Lowrey
Thursday, November 13, 2025
The trade war might be coming to a strange end.
Last week, the Supreme Court heard two cases questioning
the legal underpinnings of Donald Trump’s tariff regime. A group of state
governments and businesses—selling toys, wine, plumbing supplies, bicycle
saddles, and other goods—argued that the United States’ trade deficits do not
constitute an emergency and that the International Emergency Economic Powers
Act does not give the White House the unilateral authority to impose tariffs
anyway.
The president argued that it “would literally destroy the
United States of America” if the Court rules against him. Alas, I guess, the
justices—three Trump appointees among them—seem likely to do so, as three lower
courts have so far this year, and as a formidable group of conservative
legal experts insists they must.
The financial fallout would be messy. Such a ruling would
cut in half the country’s effective tariff rate—which, at nearly 18 percent, is
the highest it has been since 1934—meaning that the revenue the Treasury
collects from businesses would fall
by half. The White House might have to figure out how to return tens of
billions of dollars to companies that have paid import fees this year, plus
interest. Despite the probable chaos, however, a ruling against the tariffs
would be good for Americans’ pocketbooks, and good for ensuring that the
current slowdown does not transform into a recession.
The American economy is growing at a decent-enough pace
at the moment, and the jobless rate is rising but low. The real problem is the
cost of living, as households have told pollsters and politicians over and over
and over again. Trump’s tariffs are certainly not the cause of sky-high rents,
obscene utility bills, child-care shortages, and ridiculous out-of-pocket
health costs. But they have pumped up the price of consumer goods. The average
family will pay $1,800 more for groceries, clothing, and other necessities
thanks to the Trump administration’s trade policies in 2025. For many
lower-income households, the tariffs will end up swamping the tax cuts
Republicans passed this summer.
Moreover, the tariffs have forced the Federal Reserve to
keep borrowing costs relatively high to tamp down on inflation—perhaps 0.5
percentage points higher than they would
be otherwise. That means fewer homes being built, driving up real-estate
costs. It means more credit-card delinquencies. It means fewer Americans being
able to afford a house, a car, a medical bill. It means fewer companies pouring
money into novel products and technologies.
The Trump administration’s inane and perhaps illegal
policies have hit certain sectors particularly hard: the fashion industry,
agribusinesses, small-scale firms selling household goods. But few businesses
have gone unscathed. “You’ve got uncertainty,” Diane Swonk, the chief economist
at the accounting firm KPMG US, told me. “Measures of uncertainty are extremely
elevated.” Given that uncertainty, many companies outside of the health-care
industry have declined to add workers, and investors have poured little money
into anything other than AI.
On Sunday, Trump announced in a social-media post that
the government would send Americans a tariff rebate: “$2000 a person (not
including high income people!).” It’s not clear whether he can. If his
administration does send the rebates, the checks might help some families get
by. But they would also make the Federal Reserve’s effort to hold down
inflation even harder. “We have a low-hire-with-layoffs-coming environment, and
that may be blunted a bit by this fiscal stimulus,” Swonk told me. “But we also
know from the pandemic: When you add a lot of fiscal stimulus when prices are
already going up, you get stickier inflation. It’s a very difficult situation.”
The better policy would have been no policy at all.
Imagine what the economy would look like right now if Trump had never started
the trade war. The Yale Budget Lab estimates
that the tariffs have depressed real GDP growth by 0.5 percentage points this
year, lifted the unemployment rate by 0.3 percentage points, and cost the
economy close to half a million jobs. Moody’s Analytics estimates the hit to
real GDP growth to be 0.8 percentage points. In other words, the Trump
administration has likely cut the country’s expansion by a third or more and
its annual employment gains in half—for nothing.
The Supreme Court can’t undo the damage by affirming the
lower courts’ rulings, nor can the Trump administration undo the damage by
sending out checks. The Court can’t even end the trade war entirely. The
tariffs on steel and aluminum will still stand, for instance, because Trump did
not invoke the same economic-emergency authority when making them.
Nevertheless, the Court could do what Congress, the White
House, and the Fed haven’t been able to this year: help nudge the economy out
of its stagflationary funk. Inflation should temper. Real household disposable
incomes should rise. Uncertainty should ease. The Fed should have more room to
lower rates. Companies should import more goods and spend more money on
long-range investments. American households hate the cost-of-living crisis—and
the Court might finally give them some relief.
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