Treasury sec floats plan to keep Trump policy in place -- even if Supreme Court strikes it
Written by Thomas Kika
Published December 03, 2025 | 11:53 AM ET
President Donald Trump's wide-ranging tariffs on virtually all imports could soon be struck down by the Supreme Court. Treasury Secretary Scott Bessent is not sweating the possibility, however, and believes there is a legal way open to the president allowing him to keep his import taxes in effect "permanently."
Bessent on Wednesday appeared at the New York Times DealBook Summit, where he sat for an onstage interview with Too Big to Fail author Andrew Ross Sorkin. During their conversation, the secretary touched on the major legal challenge facing Trump's tariffs, but cited a few sections of the 1962 Trade Act which argued would provide a framework for keeping them alive if the Supreme Court rules against the administration.
“We can recreate the exact tariff structure with [sections] 301, with 232, with 122," Bessent said, and then confirmed when Sorkin asked if those measures would implemented "permanently."
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