Republicans are panicking over Donald Trump’s runaway tariffs—and now they’re hoping the Supreme Court will do what they’re too afraid to do themselves: stop the chaos.
Trump’s massive trade war, especially his 145% tariffs on Chinese goods, is putting real pressure on GOP lawmakers. Many of them are terrified of going on record against the volatile president, even though behind closed doors, they want it all to stop. The backlash from businesses, voters, and economists is growing. So they’re turning to the courts—and fast.
“Members would love to have the courts bail them out and basically step in and assert the authority under the Constitution that taxes are supposed to originate in the House of Representatives,” said longtime GOP insider Brian Darling.
“They’re looking at the poll numbers and see that tariffs are not popular,” he added. “They’re not going to be outwardly opposing the president, because that comes with a huge downside.”
Republicans know they’ve boxed themselves in. They helped give Trump room to act—but now that he’s slapping tariffs on everyone from Canada to Mexico to China, the economic fallout is real. And they’re scared it’ll cost them their seats in 2025.
Lawsuits are now flooding the courts, and GOP hopes are pinned on the Supreme Court stepping in.
One of the legal challenges is being led by Jeffrey M. Schwab of the Liberty Justice Center. He said Trump’s actions simply don’t hold up under the law.
“IEEPA just doesn’t authorize this action to impose these tariffs,” Schwab said. “The trade deficit is not an emergency. It’s not unusual nor is it extraordinary.”
He warned that unless Trump backs down, the case is likely headed to the Supreme Court—and soon.
“It’s certainly the kind of case that the Supreme Court would be interested in because the consequences are so far-reaching,” Schwab said. “We’re going to try to move it quickly.”
Another conservative group, the New Civil Liberties Alliance, has filed its own lawsuit against Trump’s China tariffs. Their lawyer, Andrew Morris, didn’t hold back: Trump has “usurped Congress’s right to control tariffs, and upset the Constitution’s separation of powers.”
Even some Republicans who rarely cross Trump are now publicly objecting. Sen. Rand Paul (R-Ky.) said Trump’s use of emergency powers is flat-out unconstitutional.
“The Constitution says taxes originate to Congress,” Paul said. “That to me isn’t a pointless argument. It’s an incredibly important argument.”
He went further, calling Trump’s justification under IEEPA bogus: “There are many people who believe that the power under IEEPA doesn’t even exist… Congress needs to grow a spine.”
“Should we be a country ruled by emergency edict or are we going to be a country ruled by the democratic actions and voting of Congress?” Paul asked. “I think it’s incredibly important.”
Paul and Sen. Ron Wyden (D-Ore.) are co-sponsoring a resolution to kill Trump’s “reciprocal” tariffs. They’re pushing for a Senate vote right after Easter.
The cracks in the GOP are getting harder to ignore. Sen. Ted Cruz (R-Texas), usually in Trump’s corner, flatly said: “Tariffs are a tax, and I’m not a fan of raising taxes on millions of American consumers.”
Sen. Ron Johnson (R-Wis.) sounded just as worried. He warned the trade war has no clear end in sight and called tariffs “a double-edged sword” and “a pretty blunt instrument.”
Even Senator Mitch McConnell joined three other Republicans this month to vote for a resolution striking down Trump’s 25% tariff on Canada. It passed the Senate 51-48, but it’s dead on arrival in the House.
Behind the scenes, the desperation is real. One GOP strategist said bluntly, “If the courts run interference on any of Trump’s tariffs, that plays well for Republicans on Capitol Hill that don’t agree with them.”
But most of them are too afraid to say so.
“They’re in a precarious situation, politically,” the strategist said. “They don’t want to criticize Trump, but they’re also watching the economy teeter and wondering how much longer they can dodge this.”
Another Senate GOP aide confirmed the anxiety is widespread. “The concern is pretty broad,” the aide said. “There are a lot of people who don’t like the tariffs. It’s an issue that splits our party.”
Now, seven Senate Republicans are backing the Trade Review Act of 2025, a bill that would automatically end new tariffs after 60 days unless Congress approves them. It’s a clear attempt to take the wheel back from Trump.
“The Constitution gives Congress the authority to regulate interstate and foreign commerce,” said Sen. Chuck Grassley (R-Iowa), who’s leading the effort with Sen. Maria Cantwell (D-Wash.).
But unless the Supreme Court acts soon, Republicans fear they’ll keep getting dragged behind Trump’s trade train—with no way off and no one willing to pull the brake.
