In a new blog post, Scott Lincicome and Alfredo Carrillo Obregon examine how US tariff policy has become increasingly complex, and why a Supreme Court ruling on the Trump administration’s IEEPA tariffs is unlikely to meaningfully simplify it.
They warn that “the unprecedented increase in tariff red tape is a large, hidden cost on American companies—particularly small businesses that do not have the resources to navigate this system or suddenly find themselves on the hook for thousands of dollars due to innocent classification or compliance mistakes.”
While the Court could invalidate the IEEPA tariffs, Lincicome and Obregon caution that “such reprieve would likely be temporary” because the administration has pledged to replicate those policies through other executive tariff authorities, leaving congressional action as the only durable solution.
To speak with Lincicome, feel free to reach out to Emily at esalamon@cato.org
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