When the Supreme Court stays quiet, Washington tends to read the tea leaves. And right now, the justices' prolonged silence on Trump's emergency tariff powers might actually be good news for the administration, according to JPMorgan analysts.
For the second time, the Supreme Court declined to rule Wednesday on whether Trump's use of the International Emergency Economic Powers Act to impose tariffs was legal. More notably, they didn't even bother setting a date for when they might decide. That kind of delay, JPMorgan's Amy Ho and Joyce Chang noted in a client memo, could mean the court is leaning toward Trump despite many legal experts predicting the opposite.
Here's the thing: the Supreme Court has a pattern. When it's dealing with blockbuster cases that could reshape policy, it tends to save those rulings for the end of its term in June. That gives the justices maximum time to deliberate and, perhaps, to build consensus on thorny issues. The fact that this case is getting the slow-roll treatment suggests it might fall into that category.
The Stakes Are Enormous
Trump made the financial stakes crystal clear on Monday, warning that a ruling against the government could force the U.S. to repay "many hundreds of billions of dollars" in tariffs already collected. Factor in related investments, he said, and the tab could hit the trillions. The underlying case itself involves potential refunds of $135 billion.
Treasury Secretary Scott Bessent isn't sweating it, though. He's expressed confidence that even if the Supreme Court rules against using emergency powers, the administration has backup options. Specifically, he pointed to various provisions in the 1962 Trade Act that grant the president broad authority over import duties.




