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Supreme Court Decision Looms as Trump Nominates Warsh and Considers Metal Tariff Adjustments

Updated (38 articles)
  • Kevin Hassett is director of the National Economic Council
    Kevin Hassett is director of the National Economic Council
    Image: BBC
    Kevin Hassett is director of the National Economic Council (Getty Images) Source Full size
  • This Getty Images-AFP photo shows U.S. Trade Representative Jamieson Greer testifying before the Commerce, Justice, Science, and Related Agencies Subcommittee on Capitol Hill in Washington on Dec. 09, 2025. (Yonhap)
    This Getty Images-AFP photo shows U.S. Trade Representative Jamieson Greer testifying before the Commerce, Justice, Science, and Related Agencies Subcommittee on Capitol Hill in Washington on Dec. 09, 2025. (Yonhap)
    Image: Yonhap
    This Getty Images-AFP photo shows U.S. Trade Representative Jamieson Greer testifying before the Commerce, Justice, Science, and Related Agencies Subcommittee on Capitol Hill in Washington on Dec. 09, 2025. (Yonhap) Source Full size
  • This Getty Images-AFP photo shows U.S. Trade Representative Jamieson Greer testifying before the Commerce, Justice, Science, and Related Agencies Subcommittee on Capitol Hill in Washington on Dec. 09, 2025. (Yonhap)
    This Getty Images-AFP photo shows U.S. Trade Representative Jamieson Greer testifying before the Commerce, Justice, Science, and Related Agencies Subcommittee on Capitol Hill in Washington on Dec. 09, 2025. (Yonhap)
    Image: Yonhap
    This Getty Images-AFP photo shows U.S. Trade Representative Jamieson Greer testifying before the Commerce, Justice, Science, and Related Agencies Subcommittee on Capitol Hill in Washington on Dec. 09, 2025. (Yonhap) Source Full size

Hassett Slams New York Fed Tariff Paper Kevin Hassett, director of the National Economic Council, called the New York Fed study “the worst paper I’ve ever seen” and demanded disciplinary action for its authors[1][2]. The study calculated that about 90 % of the 2025 tariff costs fell on U.S. businesses and consumers[1][2]. Independent analyses by the Kiel Institute and the NBER reported near‑complete pass‑through of tariffs to import prices, echoing the Fed’s findings[1].

Fed Monetary Policy Remains Unchanged Amid Inflation Cooling The Federal Reserve kept its policy rate steady in its January meeting while the Labor Department reported a slowdown in inflation, fueling speculation about future rate cuts[1]. Hassett argued the tariff study ignored import‑volume effects, though the paper’s methodology incorporated volume through a duty‑rate formula[2]. Both the New York Fed and the Board of Governors declined to comment on Hassett’s criticism[2].

Supreme Court Set to Rule on Tariff Legality The Supreme Court is expected to issue its opinion on the legality of the 2025 tariffs under the International Emergency Economic Powers Act around February 20, a decision that could overturn the 50 % steel and aluminum duties[3][3]. USTR deputy U.S. Trade Representative Greer warned that if the Court strikes down the tariffs, the administration will devise a new mechanism to preserve the trade policy[3]. A Financial Times report cited by Greer suggested the administration may consider scaling back some metal duties, though no specific changes were confirmed[3].

Warsh Nomination Intensifies Fed Independence Debate President Trump nominated former Fed Governor Kevin Warsh, a known critic of the central bank, to replace Jerome Powell whose term ends in May[2]. The nomination coincides with a criminal inquiry into Powell’s headquarters renovation and an attempt to remove Governor Lisa Cook, highlighting heightened political pressure on the Fed[2]. Hassett’s call for discipline of Fed economists and the broader attacks on Fed independence reflect the administration’s aggressive stance toward monetary‑policy institutions[1][2].

USTR Signals Possible Adjustments to Metal Tariffs USTR deputy U.S. Trade Representative Greer indicated Washington may tweak how the 50 % steel and aluminum duties are applied to reduce compliance burdens, especially for derivative products[3]. He described the tariffs as “successful,” citing increased steel shipments, new production lines, and announced aluminum smelters, and affirmed they will remain in place unless the Supreme Court invalidates them[3]. Greer referenced the FT story on potential scaling back, but no concrete revisions have been announced[3].

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Timeline

Dec 1, 2025 – Costco files a lawsuit in the U.S. Court of International Trade seeking a full refund of the roughly $90 billion in IEEPA‑related tariffs it paid, arguing the tariffs are illegal and that a Supreme Court reversal would jeopardize its ability to recover the funds[25].

Dec 2, 2025 – Costco files a separate refund claim to secure a judgment before the Supreme Court’s decision, warning that Customs‑Border‑Protection’s Dec 15 liquidation deadline could close its refund window if the Court delays[23].

Dec 9, 2025 – President Trump posts on Truth Social that a Supreme Court ruling against his tariff program would be “the biggest threat in history” to U.S. national security, insisting tariffs have “strengthened the economy and security” and warning of a “complete mess” if refunds become required[30][2].

Dec 26, 2025 – The Trump administration launches sweeping “global tariff wars,” imposing new duties on Canada, Mexico, China and raising steel/aluminum rates to 50 %, while also rolling out sector‑wide levies on autos, copper and kitchen cabinets[19].

2025 (overall) – U.S. tariff revenue jumps by about 200 % in 2025, with $187 billion more collected than in 2024, and 80 % of the burden falling on businesses, setting the fiscal backdrop for the legal fight[16].

Jan 1, 2026 – President Trump signs a proclamation delaying planned tariff hikes on upholstered furniture, kitchen cabinets and vanities until at least Jan 2027, keeping the existing 25 % rate in place[17].

Jan 3, 2026 – Treasury data show the 2025 tariff surge could push pass‑through to consumers up to 20 % in 2026, while Goldman Sachs estimates tariffs added 0.5 percentage point to inflation in 2025 and project another 0.3 point rise in the first half of 2026[16].

Jan 8, 2026 – Legal analysts warn the Supreme Court could strike down the Korea‑specific tariffs, dropping the 15 % rate to zero and forcing refunds of roughly $150 billion, jeopardizing the $350 billion investment pledge in the U.S.–Korea framework[28].

Jan 9, 2026 – The Supreme Court declines to issue a ruling on the reciprocal‑tariff case, extending uncertainty for businesses and keeping the 15 % Korea tariff in place[27].

Jan 12, 2026 – Trump warns on social media that a Court decision overturning his tariffs would create a “complete mess,” citing the impossibility of repaying billions of dollars in refunds[2][15].

Jan 14, 2026 – The Court again postpones any decision on the tariff legality, leaving the case unresolved as business leaders await clarification[26].

Jan 15, 2026 – South Korean Trade Minister Yeo Han‑koo says Seoul will monitor the U.S. ruling and craft an “optimal response,” noting a 50‑50 chance of the decision and preparing to use other U.S. authorities if IEEPA tariffs fail[14].

Jan 16, 2026 – Administration officials outline a backup tariff plan, including Section 301 authority and a 150‑day window, in case the Supreme Court invalidates the IEEPA‑based duties; USTR Jamieson Greer is heavily involved in drafting the contingencies[13].

Jan 20, 2026 – Trump tells reporters he “anxiously awaits” the Supreme Court’s ruling on the IEEPA tariffs, while the Court issues no decision that day, maintaining the status quo for the 15 % Korea tariff and the broader tariff program[10][12].

Jan 28, 2026 – The Court’s fast‑track schedule places oral arguments on Nov 5 and sets a possible opinion release around Feb 20; justices express skepticism about the tariffs’ legality, and experts expect a final decision by June 2026[9][8].

Jan 29, 2026 – In a Cabinet meeting, Trump warns that current tariffs are “already steep” and could become “much steeper,” emphasizing their national‑security benefits and pledging to preserve revenue even as the Supreme Court reviews the program[7].

Feb 4, 2026 – House Financial Services Committee ranking member Maxine Waters interrupts Treasury Secretary Scott Bessent, demanding “Can you shut him up?” and linking rising coffee, banana and lumber prices to Trump‑era tariffs, while Bessent cites San Francisco Fed data that tariffs do not cause inflation[5].

Feb 17, 2026 – USTR Jamieson Greer tells CNBC the administration may tweak how 50 % steel and aluminum duties are applied to ease compliance, confirms the tariffs remain “successful,” and says a new mechanism will replace them if the Supreme Court strikes them down[6].

Feb 18, 2026 – NEC director Kevin Hassett calls the New York Fed’s tariff‑impact paper “the worst paper I’ve ever seen in the history of the Federal Reserve system,” demands discipline for its authors, and notes the study finds 90 % of the tariff burden falls on U.S. firms and shoppers[1][4].

Feb 18, 2026 – President Trump nominates former Fed Governor Kevin Warsh to replace Jerome Powell, signaling a shift toward a more critical stance on Fed independence amid ongoing investigations into Powell and Governor Lisa Cook[4].

Feb 18, 2026 – The Federal Open Market Committee votes to keep interest rates unchanged in January as inflation eases, fueling debate over possible future rate cuts while the tariff dispute looms[1].

Future (by June 2026) – Legal scholars expect the Supreme Court to issue its final opinion on the IEEPA tariffs by June 2026, a decision that could reshape U.S. use of emergency economic powers and affect billions in tariff revenue and pending refund claims[8].

Future (post‑ruling) – If the Court invalidates the tariffs, the administration plans to invoke alternative authorities such as Section 301 or Section 338 to preserve a “continuity of the president’s trade policy,” according to USTR officials[6][13].

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