How Trump’s protectionist trade regime could survive a U.S. Supreme Court setback

By Mark Rendell
The Globe and Mail
January 2, 2026
Category: Business & Politics
Region: Canada, United States

A central pillar of US President Trump’s protectionist trade policy could be struck down early in the new year, but lawyers and trade experts expect the President to rapidly reconstruct his tariff regime using other legal tools while questions remain about whether companies will be able to secure refunds. …A negative decision would be an indictment of the haphazard way Trump has pushed through his protectionist agenda over the past year, and would create a headache for the US government, which has collected more than US$130-billion in tariff revenue using IEEPA that may need to be refunded. …Dozens of companies have already filed lawsuits in the US Court of International Trade to try to protect their right to a refund or position themselves at the front of the line for one. Canada has less of a stake in the Supreme Court case than some other countries. [to access the full story a Globe & Mail subscription is required]

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