Kavanagh’s ‘Roadmap’ Ruling Gives Trump Tariff Wiggle Room: Expert
A Supreme Court ruling blocking President Donald Trump’s use of broad tariff powers under the International Emergency Economic Powers Act (IEEPA) may still leave alternative avenues available to the administration, according to a legal analyst on Wednesday.
Elliot Williams, a CNN legal analyst and former deputy assistant attorney general in the Obama administration, discussed the decision on The Bulwark’s “Illegal News” podcast. Williams said that although the Court rejected Trump’s use of IEEPA to impose sweeping global tariffs, Justice Brett Kavanaugh’s dissent identified other statutory mechanisms that could allow the president to levy tariffs under more limited circumstances.
“Justice Kavanaugh did sort of lay out a bit of a roadmap for saying that, yes, there are avenues for the president to get some tariffs,” Williams said during the interview.
In his dissent, Kavanaugh expressed support for broader presidential tariff authority under IEEPA but noted that other statutes may provide limited authority. He referenced the Trade Expansion Act of 1962, the Trade Act of 1974 and the Tariff Act of 1930 as potential alternative legal bases for tariffs.
The laws allow a president to impose tariffs, but these tariffs are only temporary, have lower maximum rates than those previously used by Trump, and require him to provide specific findings to justify their implementation. In his dissent, Kavanaugh pointed out that “the president checked the wrong statutory box” when he issued tariffs under the International Emergency Economic Powers Act (IEEPA).
Trump later expressed that he was “proud” of Kavanaugh’s dissent during a briefing about the decision and has moved forward with plans to implement new tariffs using Section 122 of the Trade Act. However, Williams explained that without the IEEPA, Trump’s ability to impose tariffs as quickly and broadly as he had done before is no longer feasible, comparing his situation to winning a luxury car but then being forced to drive an older, beat-up model.
“It is impossible for the president to get the kinds of tariffs, one, that he ran on, and two, that he tried to put in place on ‘Liberation Day,’ whatever it was, in April of [2025],” said Williams.
During his State of the Union address, Trump announced that his administration plans to maintain tariffs by utilizing alternative legal statutes after the Supreme Court rejected part of his tariff program last week. He reiterated his belief that tariff revenue could eventually replace federal income taxes.
Trump said the tariffs “will remain in place until fully approved and tested alternative legal statutes,” adding, “They have been tested for a long time. They’re a little more complex, but they’re actually probably better.”
Legal experts pointed out that the statute the administration is currently using, Section 122, is only a temporary measure. They highlighted that the tariffs can last only 150 days under this authority, and Congress has indicated that they are unlikely to renew the tariffs after that period. Experts noted that unless the president can independently extend the tariffs after 150 days, he will need to pursue another legal option.
Legal experts have pointed out that the statute the administration is currently using, Section 122, serves as a temporary solution. They highlight a significant issue: the tariffs imposed under this authority can only remain in effect for 150 days. Furthermore, Congress has indicated that it is unlikely to renew them after this period. Experts suggest that unless the president can independently extend the tariffs after 150 days, he will need to explore alternative legal options.
U.S. Trade Representative Jamison Greer stated that the administration intends to maintain its current trade strategy by utilizing alternative authorities. “The trade policy we’ve had for the past year is going to remain the same,” Greer said.
“The Supreme Court came down and they said that there’s one element of the president’s tariff program where he couldn’t use that particular legal authority. Congress has given several other legal authorities. And so we’re just going to use those instead,” he added.
Obama Accuses JD Vance Of Promoting ‘Blood And Soil’ Politics
Former President Barack Obama rarely mentions Vice President JD Vance by name, but that changed this week with one of his sharpest public attacks since Vance took office.
The comments immediately fueled speculation that Democrats are beginning to focus more attention on the vice president as Republicans look ahead to the post-Trump era.
Speaking Thursday during a conversation with author Malcolm Gladwell, Obama accused Vance of promoting what he described as a “blood and soil” vision of America, despite being married to Usha Vance, the daughter of Indian immigrants.
Obama made the remarks while discussing the Reconstruction era and arguing that many of the same debates over citizenship, voting rights and national identity continue today.
“We have a politics now that at least one of our major parties has been captured by politics that is not that subtle about suggesting that ‘We the people’ means a certain kind of people,” Obama said.
“When you have the vice president, current vice president, making a speech that is basically a blood and soil version of ‘We the people,’ that it matters who your parents were and how long they’ve been here despite him being married to a daughter of an immigrant himself.”
The phrase “blood and soil” is historically associated with Nazi Germany and white nationalist ideology.
Obama went on to argue that debates over who belongs in America remain central to the nation’s politics.
“That echoes, then, ideas about who can be a citizen, who belongs, who gets to make decisions,” he said.
Gladwell followed by accusing Vance of hypocrisy, arguing that the vice president was making what he called a nativist argument despite his own family’s immigrant background.
Obama agreed.
“That is progress,” Obama said.
“Listen, hypocrisy is progress. It is, because it means that you feel guilty enough to either lie to yourself or others.”
Fox News Digital reported that it reached out to Vance’s office for comment.
Obama did not identify the specific speech he was criticizing, but Vance’s most recent nationally televised remarks came during Independence Day celebrations marking America’s 250th birthday.
In that speech, Vance encouraged Americans to reject what he called a “two-dimensional view” of the country focused only on its historical failures.
“So what I’d ask you to do, my fellow Americans, on our 250th birthday, is to reject the two-dimensional view of your fellow citizens and reject the two-dimensional view of your country,” Vance said.
“Reject the view of your nation that sees only its sins, but not its grace and its greatness.”
He also emphasized that America’s accomplishments were achieved by “a common people working towards a common future.”
Obama has generally avoided making Vance a regular target since the vice president took office.
One notable exception came during the 2024 presidential campaign when then-Vice President Kamala Harris selected Minnesota Gov. Tim Walz as her running mate.
Without naming Vance directly, Obama contrasted Harris’ choice with the Republican ticket.
“When a presidential candidate chooses a running mate, it says a lot about who they are and what kind of president they’ll be,” Obama said at the time, Fox News reported.
Political observers have increasingly discussed Vance as a potential frontrunner for the 2028 Republican presidential nomination, though he has not announced any plans to run.
Against that backdrop, Obama’s unusually direct criticism is likely to fuel speculation that some Democrats are beginning to sharpen their message against a politician they view as a likely future standard-bearer for the Republican Party. While no Democratic leaders have publicly described their strategy in those terms, prominent figures often begin drawing contrasts with potential future rivals well before a presidential campaign officially begins.
Whether that proves to be the case remains to be seen, but Obama’s remarks marked one of his most pointed critiques of Vance to date and ensured the vice president once again found himself at the center of the national political conversation.
Trump Issues Statement Regarding Health of Mitch McConnell
Weeks after former GOP Senate Majority Leader Mitch McConnell was hospitalized for a reportedly serious heart condition, there has been much speculation about his current condition.
Rumors are also swirling about whether he can complete his term, which ends in January.
Initially, reports said that McConnell suffered a “cardiac arrest” and was administered CPR – a health condition that is normally fatal, even for victims much younger than McConnell, who is 84 and has an extensive history of health problems.
But later, in one of the few public updates on the Kentucky Republican’s condition, his staff only said that he was receiving “excellent care.”
However, others who should know more about McConnell’s condition don’t. That includes the president of the United States.
Libby Dean, the White House correspondent for NewsNation, tweeted on Wednesday: “President Trump says he has ‘no idea’ how Sen. Mitch McConnell is doing and says he hasn’t spoken with the Kentucky Republican since McConnell’s hospitalization.”
Now, the governor of the Bluegrass State has grown concerned enough that he has reached out to the senator to inquire about his health.
“As Governor, I request that you fully update Kentuckians regarding the current status of your health,” Gov. Andy Beshear,a Democrat who is seen as a potential 2028 presidential contender, wrote in a letter to McConnell on Wednesday.
“As public officeholders, we have made a commitment to our constituents to do our best to represent them and to always be transparent,” Beshear’s letter continued.
“I believe this requires clear communication about one’s ability to serve,” he added.
Several top Republicans were asked about McConnell’s condition on Tuesday, and their responses were not reassuring.
Utah Republican Sen. Mike Lee has said that even members of Congress are in the dark about McConnell’s current condition.
Speculation has surrounded the health of the 84-year-old McConnell since the Kentucky senator was found unconscious and required CPR at his home in Washington, D.C., weeks ago.
McConnell’s staff has provided no significant update on his condition since he was hospitalized June 14.
The secrecy has fueled speculation that there is an effort to keep the full extent of the Republican’s condition from the public and has raised questions about whether he will be able to return to office.
On Monday night, MAGA social media user Mila Joy wondered why other senators haven’t spoken out about McConnell’s condition.
“Because they are ALL in on it together. That’s why,” Joy posted to her 571,000 X followers.
In reply, Sen. Lee posted: “Many of us aren’t speaking about Mitch McConnell’s condition because we know nothing about his condition.”
But Lee’s assessment contradicts earlier comments from Senate Majority Leader John Thune after McConnell was first hospitalized.
Thune said he had spoken to the 84-year-old and that he “sounded good.”
“He wants to be back, but I’ll defer to his staff on when,” Thune said on June 15.
Popular conservative activist Laura Loomer claimed recently that sources told her that McConnell is in a “vegetative state,” dismissing Thune’s version of events.
Things with McConnell have gotten worse by the day.
Since the reported incident, McConnell’s office has provided scant details on the former Senate GOP leader’s health condition, except to say that he allegedly “appreciates the outpouring of support he’s receiving while he continues his recovery in the hospital.”
His office last week also said the 84-year-old senator “continues to improve, and is working closely with his staff on Kentucky and Senate matters while the Senate is out of session.”
