House opens door to challenge Trump's tariffs for first time

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(The Center Square) – The U.S. House could soon vote on resolutions seeking to end President Donald Trump's tariffs around the globe.

Three Republicans joined Democrats to vote down a rule that would have blocked members from offering resolutions related to tariffs until the end of July. The procedural vote opens the door for Democrats to force votes to repeal the president's numerous tariffs under the International Emergency Economic Powers Act, or IEEPA.

U.S. Reps. Thomas Massie, Don Bacon and Kevin Kiley joined with Democrats to defeat the measure. Bacon said the president's tariffs are a significant tax on Americans.

"Congress needs to be able to debate on tariffs," Bacon, R-Neb., said in a social media post. "Tariffs have been a 'net negative' for the economy and are a significant tax that American consumers, manufacturers, and farmers are paying."

The Tax Foundation has said the tariffs will cost the average U.S. household $1,300 this year.

Bacon said taxes and tariffs are not tools of the executive branch and remain the province of Congress.

"For too long, we have handed that authority to the executive branch," he said. "It's time for Congress to reclaim that responsibility."

He also called House Speaker Mike Johnson's rule barring action on tariffs a gimmick.

"I also oppose using the rules votes to legislate," he said. "I want the debate and the right to vote on tariffs."

Phillip Magness, a senior fellow at the Independent Institute, said Congress may focus first on neighbors and allies, including Canada and Mexico. 

"Opponents of tariffs in the House will likely focus their efforts on repealing Trump's IEEPA tariff 'emergency' declarations against close trading partners such as Canada, Mexico, and Brazil," he told The Center Square. "This is the strategic move for the short term."

But Trump still controls the White House and could veto legislation that threatens his policy goals.

Massie, R-Ky., said he voted to "represent the people."

"Taxing authority is vested in the House of Representatives, not the Executive," he wrote in a post on X.

Johnson had been using the House rules committee to block members from bringing a vote to the floor on any of the emergencies that underly Trump's tariffs. Johnson's rules excluded tariff-related matters from the "calendar days" during which the House conducts its business.

Johnson renewed the rules prohibition on a tariff vote three times and sought a fourth extension, until July 31. But that failed, dealing a blow to both Johnson and Trump.

Johnson said the majority of House Republicans support the president and want to "give him the latitude to continue his trade policy."

Magness said it could put some Republicans in a tough spot ahead of the midterms.

"There have been rumblings of discontent over tariffs among House Republicans for months. Johnson tried to justify his rule to the GOP caucus on the grounds that it would insulate Republicans from having to go on record for or against tariffs before election day," he told The Center Square. "National polling trends have shown that tariffs are deeply unpopular with the American public right now. Going on record in support of tariffs could create a political liability for Republicans in November due to public opposition to their stance."

On Wednesday, Kevin Hassett, director of the National Economic Council, said economists were wrong about Trump's tariffs.

"People who were naysayers about the tariffs said that we'd have low growth and high inflation," he said. "Instead, we have low inflation and high growth."

Last April, Trump imposed import taxes of at least 10% on every U.S. trading partner. Since then, the president has used tariffs under the 1977 International Emergency Economic Powers Act to achieve policy goals at home and abroad. Those tariffs have pushed up prices for U.S. manufacturers and consumers, but the White House says that foreign countries will bear the cost.

A group of states and small businesses challenged Trump's tariffs under the 1977 law, winning in two lower courts before the administration appealed to the U.S. Supreme Court. The high court agreed to hear the case on an expedited basis. The Supreme Court heard oral arguments in the case in November, but has yet to rule on the matter.