IEEPA Tariffs Update
Two weeks ago, I wrote “It’s Tariff Week! *.”
The asterisk added the word “Hopefully…”
“This is likely the week the Supreme Court issues a ruling on the IEEPA tariffs in place since April 2025.” I wrote, getting it totally wrong. It turned out to be (mostly) wishful thinking on my part.
As we continue to await the decision that should overturn the tariffs, let’s update the latest data on the IEEPA tariffs.1 Specifically, I want to focus on tariffs and the impact they have had on the economy.2
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Before diving into the economic details, let’s talk TACO.3
A Bloomberg analysis (dated January 27) found that about 75% of Trump’s tariff threats amount to little or nothing. When people ask if the market is irrational as it ignores tariffs, the proper answer is to point them to the pie chart at top. Markets turn out to be mostly rational, most of the time.4
Whether you see them as bluffs or negotiation tactics, this explains why the market has become so sanguine about tariffs. They understand that most of the time, it‘s just noise; the rest of the time, it’s a 10% market sell-off away from a reversal. This is well documented in WSJ, Barron’s, FT, Bloomberg, etc.
What this means — at least so far — is that much of this policy has not been implemented. Despite that, the data below strongly suggests that the Tariffs have had a substantial impact economically.5 U.S. Consumers today face an average effective tariff rate of 18% — the highest since 1934, according to the Yale Budget Lab.
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The Labor market is a key indicator of the overall health of the economy. When jobs are plentiful and wages are rising, consumers feel better about spending and debt. We see evidence of this in labor data, consumer spending, and sentiment.
The chart above is from my Q1 2026 client call. It shows a huge post-pandemic surge that began slowing in 2022 to more normal (aka) sustainable levels.
Then came April 2nd, 2025. We expect a substantial tax increase to cause some issues with hiring, but the haphazard, almost random way these were implemented was especially disruptive. We have not added any jobs since Liberation Day. Worse, the NY Times analysis found “Health care and social assistance accounted for virtually all private-sector job growth in 2025.”
Overall, the unemployment rate has risen 0.3 percentage points by the end of 2025. BLS reported that “Over the year, nonfarm payroll employment increased in 8 states, decreased in the District of Columbia, and was essentially unchanged in 42 states.” Estimates suggest unemployment will increase an additional 0.7 – 1.0 percentage points by the end of 2026, lowering total payroll employment by 490,000 by the end of the year.
But for the tariffs, total payroll employment would have been 490,000 higher at the end of 2025.
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Since Tariffs act as a Tax on consumers, let’s consider the impact of these costs on inflation and consumer spending.
Inflation has remained sticky, despite widespread expectations it would continue to drop. Some estimates put the average burden of 2025 tariffs at about 1.3% or an average per household of $1,800 annually.6 The Tax Policy Center estimates were even higher, at $2,100 per household in 2026, with larger percentage impacts on lower-income households.
CBO’s outlook explicitly attributes upward pressure on the cost of goods and production inputs to higher tariffs, which pushed inflation higher in 2025 relative to a no-tariff baseline.
Contrary to what the administration has claimed, American importers and consumers bear nearly all of the costs. According to the Keil Institute, “Foreign exporters absorb only about 4% of the tariff burden—the remaining 96% is passed through to US buyers.”
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Beyond New Hires plummeting, consider what else happened after the Liberation Tariffs were announced:
-Except for AI, similar decreases occurred in Corporate Capital Expenditures (imagine what that would look like but for the hyper-scalers).
–Consumer Sentiment at its lowest level in 12 years.
-An Economist/YouGov poll found “71% of Americans feel like the country is out of control.”
One thing Trump did get right about tariffs: They bring actual dollars into the federal government coffers. About $200 billion in 2025 alone, estimated to raise about $2.5 trillion between 2026-35. Once tariff revenues reach billions or trillions of dollars, the legal claim that this is not a tax becomes utterly nonsensical.
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SCOTUS Blog recently discussed the modern history of opinion releases. Specifically, how hotly-awaited decisions can be issued on non-argument days. So not only have we NOT gotten the SCOTUS decision on Tariffs, but the regular schedule now shows the next non-argument day on the court’s calendar is Friday, Feb. 20.
There is nothing that prevents the court from releasing a decision whenever, especially considering this was fast-tracked back in September.
racked back in September. I remain hopeful we get a decision before Feb. 20. Perhaps this is only wishful thinking on my part (again).
Previously:
It’s Tariff Week! * (January 12, 2026)
Tariffs Likely To Be Overturned (November 5, 2025)
Might Tariffs Get “Overturned”? (July 31, 2025)
The Muted Impact of Tariffs on Inflation So Far (July 17, 2025)
Are Tariffs a New US VAT Tax? (March 31, 2025)
MiB: Special Edition: Neal Katyal on Challenging Trump’s Global Tariffs (September 3, 2025)
Neal Katyal on Challenging Trump’s Global Tariffs (September 8, 2025)
Which States Could Suffer the Most From Trade War Tariffs? (September 16, 2019)
Sources:
Learning Resources v. Donald J. Trump, POTUS (full docket)
America’s own goal: Americans pay almost entirely for Trump’s tariffs (Kiel, 19.01.2026)
Stung by Trump, America’s Top Trading Partners Shift Gaze to China (WSJ, Jan 26, 2026)
Consumer Price Index: 2025 in review (January 21, 2026)
CBO’s Current View of the Economy From 2025 to 2028 (September 2025)
__________
1. I fully expect the tariffs to be overturned (7-2?), but if they are not, I will consider that the end of whatever shreds of credibility the court has left. I do expect new Ethics rules eventually; a major court revamp is also a (less likely) possibility.
2, No, this is not a full review of the economic impact of Trump’s first year. If there is an appetite for that among clients and readers, I may yet put that together in the coming weeks. TBH, I am kind of surprised Wall Street has not done this yet…
3. TACO = Trump Always Chickens Out
4. See “Maybe Mr. Market Is Rational After All” (August 7, 2020) and “Rational Exuberance?” (November 24, 2025)
5. There have also been substantial geopolitical, strategic, and military impacts of the tariffs. I will leave it to others to address those sorts of things, as they are outside my areas of expertise…
6. BLS’ Consumer Price Index 2025 in review found that “prices for all items rose 2.7%.” The hardest hit are manufactured goods from abroad and commodities (including food and energy).
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