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Analysis-Market risk mounts as Supreme Court weighs Trump's emergency tariff powers

Analysis-Market risk mounts as Supreme Court weighs Trump's emergency tariff powers

101 finance101 finance2026/01/08 11:12
By:101 finance

NEW YORK, Jan 8 (Reuters) - A forthcoming U.S. Supreme Court decision on President Donald Trump's use of emergency tariff powers could jolt financial markets, especially if the justices strike down the tariffs.

The case, which could come as early as Friday, is set to determine whether Trump can invoke the International Emergency Economic Powers Act (IEEPA) to ​impose tariffs without congressional approval.

During November arguments, the justices signaled skepticism about Trump’s authority to impose the tariffs. Online betting markets now give a 30% chance the court will ‌uphold the tariffs.

Striking down the tariffs could impact government revenue, pushing Treasury yields higher and unleashing new waves of volatility across equity markets, analysts and investors said.

"We've never seen a ruling that has such an economic impact," said Eddie Ghabour, ‌CEO of KEY Advisors Wealth Management. "If the Supreme Court rules against the President and makes us (government) pay back all the tariffs that would be a major headwind for markets. This would be the equivalent of sucking liquidity out of the system."

When Trump announced tariffs last April, stocks fell nearly 5% and Treasury yields initially tumbled as investors responded to the uncertainty by fleeing to safe-haven assets. Stocks have since recovered, rising more than 16% in 2025, hitting fresh record highs along the way.

AN INITIAL BOOST FOR STOCKS, BUT RISKS REMAIN

Some investors believe stocks could bounce if the court rolls back existing tariffs, especially for ⁠companies that had to absorb high-import costs.

A ruling requiring refunds would ‌bolster their bottom lines, with importers expected to receive an inflow of $150 billion to $200 billion over the coming months, investors said.

"Stocks would probably benefit in general," said John Velis, head of Americas macro strategy at BNY Markets. "Sectors in particular would (include) retail as well as consumer goods. Electronics also would probably do ‍well."

Some advisors are already putting money to work in small caps on expectations that the Federal Reserve's actions will keep a lid on the 10-year yield while injecting liquidity, and therefore, spur economic growth.

"That is as bullish as it gets," said Key Advisors' Ghabour, who established a 4% stake in smaller stocks in mid-December. "If these small companies get tariff relief on top of that it will be like putting rocket fuel on a ​fire."

The Russell 2000, which tracks small-cap stocks, ended 2025 11.3% higher, and is up 4% so far this year.

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Disclaimer: The content of this article solely reflects the author's opinion and does not represent the platform in any capacity. This article is not intended to serve as a reference for making investment decisions.

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