In a significant legislative maneuver, a small faction of House Republicans joined Democratic colleagues on Tuesday to block a procedural measure that would have preserved restrictions on congressional challenges to former President Donald Trump’s emergency tariffs. The 214-217 vote marked a pivotal moment in the ongoing power struggle between the legislative and executive branches over trade policy authority.
The rebellion was led by Representatives Don Bacon (R-Nebraska), Thomas Massie (R-Kentucky), and Kevin Kiley (R-California), who crossed party lines to prevent the extension of a prohibition on House votes contesting Trump’s unprecedented use of emergency powers to impose import taxes. Representative Gregory Murphy (R-North Carolina) abstained from the vote.
Congressman Bacon justified his decisive action in a post-vote statement on social media platform X, asserting that ‘tariffs have been a net negative for the economy’ and represent ‘a significant tax burden on American consumers, manufacturers, and farmers.’ He emphasized constitutional principles, noting that ‘Article I of the Constitution deliberately assigns authority over taxes and tariffs to Congress, yet we have progressively relinquished this power to the executive branch. The time has come for Congress to reclaim its rightful responsibilities.’
The defeated provision, embedded within a procedural vote advancing three unrelated bills, would have maintained the ban on congressional action against Trump’s tariffs until July 31. These emergency tariffs, declared throughout 2025 under the International Economic Emergency Powers Act (IEEPA), targeted imports from multiple trading partners including Canada, Mexico, China, Brazil, and India.
The legal foundation of Trump’s novel application of IEEPA to immediately implement global tariffs is currently under scrutiny at the U.S. Supreme Court. The justices heard oral arguments in November in a case brought by a coalition of small businesses challenging the presidential authority, with a decision anticipated imminently.
This development signals growing congressional resistance to executive overreach in trade policy and sets the stage for potential legislative challenges to the controversial tariff measures that have reshaped international trade relationships.