Tariff repeal faces high hurdle

The average U.S. household paid an extra $820 in costs due to import tariffs as of August, according to the Tax Foundation. With Democrats now controlling both chambers of Congress, party leaders are preparing legislation to reverse these taxes. They view the move as a central component of their plan to reduce living expenses for voters.

House Democratic Leader Hakeem Jeffries of New York told reporters on Wednesday that stopping the tariffs is necessary to ease financial pressure on Americans. Rep. Brendan Boyle of Pennsylvania, who won reelection and is positioned to chair the House Budget Committee, has described reversing the tariffs as effectively a tax cut. The party is weighing options that range from repealing specific import taxes to restricting the president's broader authority to impose them.

The primary obstacle to changing current policy is the presidential veto. Overriding a veto requires a two-thirds majority in both the House and the Senate. This math means Democrats must secure support from Republicans. Several Republican lawmakers who criticized tariffs, including Sens. Susan Collins of Maine and Thom Tillis of North Carolina, and Rep. Don Bacon of Nebraska, are leaving Congress after the election.

President Trump has signaled he will fight to keep his powers. He emphasized his ability to reject legislation and posted a photograph of a red hat bearing the word “VETO” on Truth Social. Erica York, a senior economist at the Tax Foundation, noted that the scope of the effort could vary. Arun Venkataraman, an international trade lawyer at Covington & Burling LLP, said narrowly targeted measures would have a better chance of attracting Republican votes than a full overhaul of U.S. trade laws.

The administration has relied on specific federal statutes to impose these taxes. Section 232 of the Trade Expansion Act of 1962 allows for import taxes on national security grounds, a provision used for steel, copper, and aluminum. Section 338 of the Tariff Act of 1930 addresses discriminatory trade practices and served as the basis for 50 percent tariffs on many Canadian goods. In February, the Supreme Court struck down tariffs imposed in 2025 under the International Emergency Economic Powers Act.

Pierre Yared, a former economic adviser in the Trump administration, expects tariff policy to remain under presidential control, subject to legal challenges and trade negotiations. Kyle Sweetser, an Alabama construction company owner, expressed concern about building the necessary coalition but said a focused proposal could succeed. Venkataraman argued that a veto-proof majority is plausible given the election results.

The White House continues to defend its approach. After federal data showed 165,000 jobs were added in October, Spokesman Matthew Middleton said the administration secured almost 20 trade deals and trillions in manufacturing investments. He stated that tariffs and tax cuts encouraged factories to return to the U.S. Democrats may face internal disagreements when they take control in January, as York noted differences between the party’s free trade and protectionist wings could create tension.