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Bipartisan Senators Seek to Overturn Trump’s Brazil Tariffs as Supreme Court Sets Nov. 5 Hearing

The effort challenges the president’s use of emergency powers for tariffs.

Overview

  • Five senators—Democrats Tim Kaine, Chuck Schumer, Jeanne Shaheen and Ron Wyden, plus Republican Rand Paul—introduced a measure on Sept. 18 to revoke the emergency declaration and cancel the Brazil duties.
  • The proposal has privileged status that compels Senate consideration, but enactment would require Republican votes in the GOP-led Senate and subsequent approval in the Republican-controlled House.
  • Trump imposed an additional 40% under the IEEPA on top of a prior 10% measure, creating roughly a 50% surcharge that took effect on Aug. 6, with nearly 700 items later exempted.
  • Sponsors argue the IEEPA does not authorize unilateral tariffs and warn of higher U.S. consumer prices, citing more than $40 billion in annual imports from Brazil, about $2 billion in coffee, and roughly 130,000 U.S. jobs tied to the trade.
  • The Supreme Court agreed to hear challenges to the tariff authority on Nov. 5, and the contested duties remain in force during the government’s appeal.