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‘I feel vindicated’: Anti-tariff Republicans cheer as Supreme Court checks Trump

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Republican tariff skeptics on Capitol Hill celebrated Friday after the Supreme Court struck down the core authority behind President Donald Trump’s sweeping global tariffs — dealing a blow to a major plank of the president’s agenda but offering a welcome off-ramp to GOP lawmakers who viewed the levies as a political loser.

Retiring Rep. Don Bacon (R-Neb.) broke with Trump and GOP leaders a week ago to help overturn Trump’s Canada tariffs. On Friday, he hailed the “common sense ruling” by the high court that essentially invalidates those and many other tariffs.

“The checks and balances our Constitution puts in place works,” Bacon said in an interview Friday morning shortly after the decision, adding, “I feel vindicated.”

Another Republican who backed the effort to overturn the Canada tariffs, Rep. Thomas Massie of Kentucky, also praised the ruling.

“On its face, this case was obvious, because the Constitution vests the power to tax with the legislative branch, not the Executive branch,” Massie said in a text message. “No contrived emergency can undo that.”

Speaker Mike Johnson and other key GOP leaders did not immediately weigh in on the ruling Friday.

Trump himself appeared upset at the decision, cutting short remarks he was delivering to governors upon hearing the news at a White House breakfast Friday, according to two people in the room granted anonymity to describe the private event.

“He was not happy. He got the info in real time,” one of the people said.

Ahead of the Canada vote last week, Johnson said the congressional effort to overturn Trump’s tariffs was a “fruitless” exercise, given the Supreme Court could rule any day on the underlying emergency authorities Trump invoked to levy them. He urged his conference to hold off on breaking ranks until the decision, but Democrats successfully forced the vote in which all but six Republicans voted to back Trump.

The ruling comes just four days before Trump is set to deliver his State of the Union address to a joint session of Congress and an audience that will include the Supreme Court justices who rebuffed the cornerstone of his economic and foreign policy agendas.

A few GOP backers of the tariffs quickly spoke out, with Sen. Bernie Moreno of Ohio decrying the ruling as “outrageous” and saying it “handcuffs our fight against unfair trade that has devastated American workers for decades.”

“These tariffs protected jobs, revived manufacturing, and forced cheaters like China to pay up. Now globalists win,” Moreno added in a social media post Friday.

The ruling prompted tough questions for both parties about what comes next. Bacon indicated the decision could put an end to a flood of additional tariff disapproval votes headed to the House floor in the coming weeks.

“We’ll see if it’s necessary,” he said.

But House Democrats want to keep hammering Republicans on the topic in the weeks ahead.

And, Senate Democrats, according to a person granted anonymity to discuss private strategy, are waiting to see how Trump responds to the decision before determining whether to force more votes disapproving of individual emergency declarations.

Democrats in the Senate had hoped to put up the House-passed Canada resolution for a vote in the coming weeks, but there are ongoing internal conversations over whether it qualifies for special fast-track procedures allowing for a quick simple-majority vote, according to a second person granted anonymity to describe the matter.

Other Democrats said further action was needed to forestall the Trump administration from sidestepping the ruling, possibly by invoking separate national security powers. Rep. Suzan DelBene of Washington, who chairs the House Democratic campaign arm and sits on the chamber’s main trade panel, noted that the White House “has promised to use other avenues to maintain these illegal tariffs.”

“Congress must step up to put an end to this chaos and protect our economy,” she added.

Asked about the prospect of Trump trying to implement his tariffs through other avenues, Bacon said, “I think they’ll try, but it would not be advisable.” Friday’s ruling authored by Chief Justice John Roberts broadly defended Congress’s sole power under the Constitution to levy taxes.

Congress might also end up having to wrangle with the question of whether refunds are due to businesses or consumers who paid levies now found to be illegal.

“The Court has struck down these destructive tariffs, but there is no legal mechanism for consumers and many small businesses to recoup the money they have already paid,” Sen. Elizabeth Warren (D-Mass.) noted in a statement. “Instead, giant corporations with their armies of lawyers and lobbyists can sue for tariff refunds, then just pocket the money for themselves.”

Some Republicans are also urging congressional action in response to the ruling, with Rep. John Moolenaar of Michigan, who chairs the Select Committee on China, pressing for a revocation of Beijing’s permanent normal trade relations status.

Jordain Carney and Daniel Desrochers contributed to this report.

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Capitol agenda: China fears drive AI divide

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Americans — and Congress — are divided on whether it’s acceptable to fall behind other countries in the race to develop advanced artificial intelligence.

And that fear of international competition is emerging as a key point of tension slowing down any path to AI safety legislation.

Even as almost two thirds of respondents in a new Blue Light News poll said there’s a real possibility that AI could destroy humanity, they’re split on whether it’s acceptable to slow down and potentially fall behind other countries like China in an AI arms race.

A plurality, 43 percent, say it is okay for the U.S. to fall behind if that means developing AI more responsibly and securely, while 37 percent take the opposite view. Voters who backed Donald Trump in 2024 favor the competition-first position by 50 percent compared to just 34 percent of Kamala Harris voters.

Republican Energy and Commerce Chair Brett Guthrie argued the U.S. cannot risk Chinese AI dominance, and that AI legislation is too complex to rush — even if that means pushing off until next year consideration of a measure by his panel.

“We absolutely can’t surrender,” he said Wednesday at Blue Light News’s Decoded Summit.

Meanwhile, the head of the Congressional Progressive Caucus said competition isn’t a reason to avoid guardrails.

“The AI race is not an arms race that you win,” Rep. Greg Casar said at the Decoded Summit.

Other lawmakers from both sides of the aisle are trying to strike a balance. Rep. John Moolenaar, chair of the House Select Committee on the Chinese Communist Party, acknowledged lawmakers “do have a responsibility for public safety” while saying it was also important to “beat China when it comes to the AI race.”

Still, the emerging divisions spotlight a long road ahead for any consensus from Congress.

An attempt to quickly pass a bill requiring companies to build a “kill switch” into their AI models from Republican Sen. John Kennedy was blocked Wednesday by Sen. Rand Paul on the chamber’s floor.

And while Guthrie’s Senate counterpart, Commerce Chair Ted Cruz said Wednesday his hope was still to mark up this month a bipartisan AI safety bill from Majority Leader John Thune and Sen. Amy Klobuchar, lawmakers haven’t reached agreement to finalize the measure. Thune himself said Wednesday he was unsure it would happen before the midterms.

Cracks are also starting to show among the leading AI companies on what role they want Congress to play.

One example: Anthropic’s policy chief Sarah Heck declined at Blue Light News’s summit to endorse a proposal for congressionally mandated independent AI monitoring — a day after competitor OpenAI endorsed it. The proposal is a key provision in Reps. Jay Obernolte and Lori Trahan’s bipartisan AI safety measure.

The House’s early dismissal Wednesday only added to time pressure on lawmakers, who will return to a lame duck session with an already full calendar.

What else we’re watching: 

— LEE BULLISH ON PERMITTING: Energy and Natural Resources Chair Mike Lee told fellow Republicans during a closed-door lunch Wednesday he is “guardedly optimistic” that negotiators will reach a long-sought deal on a bill to ease permitting approval for energy projects. “We were told today that the Democrats are going to agree to a permitting bill, and it’s going to be drafted and ready for us to vote on,” Kennedy said in an interview. Still, the top negotiators have yet to clinch an agreement, meaning the timeline could slip until after the midterms.

— SPY LAW TIMING UNCLEAR: The Office of the Director of National Intelligence recently warnedCongress that if it doesn’t vote on a controversial surveillance law by Nov. 20, the program could go dark, but it’s unclear congressional leadership can meet that deadline. Thune told reporters this week that there is an “interest” in trying to get Section 702 of the Foreign Intelligence Surveillance Act reauthorized, but didn’t commit to getting a vote before the midterms. With the House gone, reauthorization will wait until at least mid-November, regardless.

 

Riley Rogerson, Mia McCarthy, Anna Wiederkehr, Jordain Carney, John Sakellariadis and Josh Siegel contributed to this report.

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Poll: China fears drive polarization on AI regulations

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Americans are divided on whether it’s acceptable to fall behind other countries in the race to develop advanced artificial intelligence. So is Congress.

A new POLITICO Poll finds that Americans broadly recognize serious risks from frontier AI models, but many — particularly President Donald Trump’s voters — also prioritize maintaining a lead over other countries, including China.

Even as 63% of the poll’s respondents said there’s a real possibility that AI could destroy humanity, they’re split on whether it’s acceptable to slow down and potentially fall behind in order to mitigate that risk.

A plurality, 43%, say it is acceptable for the U.S. to fall behind other countries if that means developing AI more responsibly and securely, while 37% take the opposite view, saying the U.S. should not stand down, even if that requires taking risks. Voters who backed Trump in 2024 favor the competition-first position by 50% to 38%.

That split is already playing out on Capitol Hill as AI safety zooms to the center of congressional conversations. With legislation only slowly taking shape, fear of international competition stands to be a major point of tension during any bipartisan negotiations — with most lawmakers’ views divided closely along party lines.

Many Republican lawmakers said in interviews this week that pausing AI development could give China an opening to overtake U.S. capabilities. Democrats are also looking over their shoulders at Chinese advances, but they are cautioning that competition is not a reason for Congress to avoid instituting AI guardrails.

“The AI race is not an arms race that you win,” Rep. Greg Casar (D-Texas) said during Wednesday’s Blue Light News Decoded Summit. “It’s an arms race that we need to end, and we need to protect the American people.”

Casar, the chair of the Congressional Progressive Caucus, has teamed up with Sen. Bernie Sanders (I-Vt.) in calling for a ban on “superintelligence” to stave off the existential threats to humanity — a concern that bubbled to the fore last week when a former Anthropic researcher warned AI could “kill us all.”

Senior Republicans are denigrating proposals like Casar’s, arguing that the U.S. cannot risk Chinese AI dominance. Rep. Brett Guthrie (R-Ky.), chair of the powerful House committee overseeing the tech industry, said as much at the summit.

“We absolutely can’t surrender,” he said. “And I think that’s what it would be if we stopped AI development.”

Guthrie further argued AI legislation is too complex to rush and that the Energy and Commerce Committee he leads might not take up AI legislation before next year. That sentiment is in line with Speaker Mike Johnson, who said this week that the U.S. must “maintain our edge over China.” Meanwhile, Trump has called the AI panic a “HOAX” and said that federal regulations would allow China to leapfrog the U.S.

Some Republicans have been almost flippant about the dilemma policymakers face in reconciling a potentially dangerous technology with their fear of Chinese competition.

“If there are going to be killer robots, I’d rather they be American killer robots,” Sen. Ted Cruz of Texas said in a recent POLITICO interview. Like Guthrie, Cruz chairs a committee overseeing tech matters.

Among the bipartisan group of lawmakers who have locked arms in warning about the Chinese threat on other fronts, the familiar partisan divide is still emerging on AI regulation.

“We can lead in innovation and lead in safety,” said Rep. Greg Stanton (D-Ariz.), who sits on the bipartisan Select Committee on the Chinese Communist Party. “So if Trump or anyone else comes at it that we can only do one but not the other, he’s not looking at the history of the United States of America.”

Rep. Don Bacon of Nebraska, a moderate Republican China hawk, said he is “very reluctant to hinder AI” via regulation.

“They’re going to have to make the good case why we need it,” he said. “We don’t want to hinder our AI research. We can’t afford to fall behind China.”

Some, however, are being careful to strike a balanced tone as the AI safety conversation kicks into high gear.

Rep. John Moolenaar (R-Mich.), chair of the House China panel, acknowledged lawmakers “do have a responsibility for public safety” while saying it was also important to “beat China when it comes to the AI race.”

“There’s economic benefits to that,” he said. “There’s national security issues, but we want to have common sense and a deliberative process.”

Rep. Josh Gottheimer (D-N.J.), an Intelligence Committee member and a co-chair of House Democrats’ AI commission, said China is “not waiting for anyone else.”

“So you can’t just leave the race, but you need to make sure you do it in the right way,” he added.

Opinions are sharper when it comes to Trump’s upcoming meeting with Chinese President Xi Jinping next week and whether he should even broach some type of cooperation on AI safety.

“I don’t trust him,” Rep. Joe Wilson (R-S.C.), a senior member of the House Foreign Affairs Committee, said when asked if Trump should engage with Xi on AI. “I trust Trump.”

But many Democrats say it’s a mistake to engage in an AI arms race, with some explicitly reaching for analogies with the nuclear arms race that ended in Cold War treaties with a former global rival — the Soviet Union — limiting bomb tests and missile deployments.

Rep. Ted Lieu of California, another co-chair of the Democratic AI commission, said Trump could start small by asking Xi to “commit that they’re never going to let AI launch a nuclear weapon by itself.”

“There are things that we can do to get other countries to follow the lead the U.S. has taken in AI,” he said.

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Democrats keep pressure on Hakeem Jeffries to punish rogue members

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House Democrats aren’t letting rogue members off the hook for bucking their party. They hope Minority Leader Hakeem Jeffries won’t either.

“Obviously, there’s got to be” punishment for the two Democrats who twice this month bucked their party to advance a slate of Republican priorities, Rep. Jared Moskowitz (D-Fla.) said in an interview.

“Otherwise, then,” he said, “it’s open season.”

Democrats are watching closely how — and if — Jeffries doles out consequences for Reps. Jared Golden of Maine and Marie Gluesenkamp Perez of Washington who have twice provided the decisive votes for GOP procedural measures this month. Jeffries and his leadership team condemned the two members when they first defected two weeks ago, slamming a “breach of trust” warranting a “serious response” but have yet to inflict any public consequences.

On Tuesday, they defied leadership a second time, infuriating House Democrats and resurrecting questions about how leadership plans to keep its caucus in line — especially if they have a slim majority next term.

“We have to all be united, and I think it’s pretty simple,” said one House Democrat who was granted anonymity to speak candidly. “If there’s not [a punishment], I find it hard to see a path forward in the majority, which we’re all pushing for.”

Asked if leadership should punish the two aisle-crossers, Rep. Troy Carter pointed to his time as minority leader of the Louisiana state Senate: “When I had members that did not work within the confines of the philosophical views of our party, I took them off our caucus.”

“I don’t want to second-guess anybody’s timing, but I will tell you that these things cannot allow to fester,” he added. “We have to have a strict message: Either you’re with the team on those fundamental issues of governance or you aren’t.”

Multiple members, including Carter, said that removing Gluesenkamp Perez from the Appropriations Committee should be considered. (While members are just as angry at Golden, they acknowledge he’s beyond punishment given he is retiring at the end of this term.)

“I suspect that there are a number of appropriate consequences that [leaders] could implement,” Rep. Sydney Kamlager-Dove (D-Calif.) said in an interview. “And, ultimately, it’s their decision. I certainly don’t want that to be a caucus decision. That should be a leadership decision.”

One leader, Whip Katherine Clark of Massachusetts, suggested she is open to removing Gluesenkamp Perez from Appropriations, telling reporters Wednesday morning that “team players get to sit on exclusive committees.”

After the first instance where the two Democrats defected on Sept. 1, Jeffries kicked the matter to a caucus rules panel, saying afterward he wanted to pursue action against the two members “sooner rather than later.” The panel continues to deliberate on what should happen if members vote with Republicans on procedural measures.

Jeffries said that week that he’d had a “productive” and “forward-looking” conversation with Gluesenkamp Perez, but he has said much less after Tuesday’s floor drama.

“I’ll have more to say about the issue when I have more to say about the issue,” he told Blue Light News shortly after the vote.

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