Key Takeaways
- Stock analysts are eyeing potential beneficiaries of the Supreme Court potentially repealing Trump’s tariffs, but the range of possible outcomes make trade certainty look elusive.
- Whatever the court decides, the Trump administration has alternative ways to replace or reimpose tariffs that are repealed, fully or partially.
The Supreme Court may soon rule on President Donald Trump’s tariff policy, which could shake up markets and individual stocks—but while experts have ideas about what assets might be move, the menu of possible outcomes remains complex.
Put another way, we might get some long-awaited news. But trading might not be as simple as the adage “buy the rumor, sell the news.”
The court could as soon as Friday decide on Trump’s use of emergency powers to impose tariffs. It could back the “Liberation Day” levies announced in April or go as far as to deem them illegal and roll them back. A ruling could bring clarity to trade policy that has been muddled for nearly a year—and which, when first announced, shocked markets that have since recovered.
Experts think a decision on trade policy could enliven markets even further. “Expect volatility if it’s determined to be illegal, a rally if it comes in as allowed,” Navellier & Associates CIO Louis Navellier said Thursday.
If the tariffs are struck down, analysts say, publicly traded companies most affected by the Trump administration’s use of the International Emergency Economic Powers Act to establish tariffs stand to meaningfully benefit; importers might even see rebates on tariffs paid, which some companies have argued for. The range of possible outcomes, however, complicates the picture.
WHY THIS MATTERS TO YOU
The tariffs imposed last year amounted to an average tax increase of $1,100 per U.S. household last year and are seen at $1,400 this year, according to the Tax Foundation, a think tank. It estimated that those numbers would shrink to $300 in 2025 and $400 this year if the IEEPA tariffs go away.
If the Supreme Court deems the IEEPA tariffs illegal and they are permanently enjoined, companies that import more material and are involved in selling hard goods, such as sporting goods and toys—Dick’s Sporting Goods (DKS), Mattel (MAT), and Hasbro (HAS) are examples—”should see the steepest reduction” in tariff expenses, according to JPMorgan equity analysts.
Walmart (WMT), Target (TGT), Costco (COST) and BJ’s Wholesale Club (BJ) “should see more muted reductions,” JPMorgan wrote in a report Thursday.
Retailers are paying an estimated incremental tariff of 20%, according to Deutsche Bank analysts. That could mean relief if IEEPA is struck down, though Deutsche’s consumer research analysts said those tariffs could be replaced, perhaps temporarily, by others that run around 15%.
The court’s decision may also land somewhere between full support or a complete rollback of Trump’s tariffs. It could, for example, narrow the scope of the IEEPA tariffs to a few countries with which the U.S. runs a trade deficit, Morgan Stanley’s policy strategists wrote earlier this week. It could also give the administration a “grace period” to change the legal authorities underpinning those tariffs and put a time limit on those currently in place.
And even if tariffs are fully scaled back, the Trump administration has alternative powers to replace or reimpose current tariff levels. “Among other variables, timing is the largest unknown in these scenarios,” Morgan Stanley wrote.
A decision could come tomorrow. Total clarity? Perhaps not so quickly.
