Episode Details

Remember tariffs? They have not gone away.

Hi, Paul Krugman with another video update from another cafe. You may remember that back in April 2025, which was seven years ago — well, actually just about one year ago, but it feels like longer — Donald Trump shocked us all with massive tariffs on basically everybody. It was an extraordinary policy move.

It was also clearly illegal. It was also clearly really very stupid from the point of view of any kind of rational economic strategy. All of that seemed like the biggest thing in the world at the time.

But of course it’s been overshadowed in the last 70 plus days by something new which was also illegal and massively stupid and even more so because it’s war. So the tariff issue has kind of receded in our perception. But it has not gone away.

Since the initial imposition of tariffs, we’ve had a lot of action. Again, it would be the biggest thing in the world if it wasn’t for everything else that is going on.

The whole legal basis of the tariffs was tossed out by the Supreme Court after having been ruled illegal by lower courts in several different hearings. The basis of the original tariffs was an obscure law called the International Economic Emergency Power Act, which clearly did not apply to the situation as of April 2025. When those tariffs were tossed, Trump responded or his people responded by invoking “Section 122.”

I know there’s a lot of section numbers in all of this stuff and one question is what law are they sections of. and the answer is mostly they’re all different laws but anyway, 122 is for a balance of payments emergency. It allows a 10% tariff — lower than the IEEPA tariffs — but that was also clearly illegal, and a court has just ruled that it was illegal too. So now that will be appealed and there will be a couple more stages and we’ll see what the Supreme Court does.

In many ways I think people kind of tuned this out because there’s a time limit on 122 tariffs —150 days — so by the time the courts reached a decision that story would probably be over anyway and the Trump administration would have turned to other tariffs.

But it turns out to actually not be good to ignore these tariffs because one thing we have learned — actually we should have known if we thought about it — was that when the administration imposes illegal tariffs and they are eventually ruled illegal, that is a machine for ripping off the American public. When the tariffs are imposed they get passed on to consumers in the form of higher prices. When they are ruled illegal many of the companies that were importing goods get refunds — which is slowly getting underway for the original tariffs and will eventually happen, probably, for the new tariffs — but they don’t pass that on to consumers. And as I’ll explain in a minute, that’s not a result of conspiracy. It’s basically a policy failure, given the way this works. There’s no reason to think that consumers would benefit from the refunds on the past tariffs.

But in any case, what we’re seeing now is really, really destructive policies, although it takes a lot of bad economic policy to do as much damage as a war, especially a stupid failed war, but that’s where we are.

Let’s talk for a second about the tariffs. The crucial point for the immediate effects is this. When a tariff is imposed, the tariff is paid by importers, which is either companies that specialize in import-export or fairly often U.S. companies or retailers that are buying stuff from abroad and arranging for it to be shipped, either to be used in production or to be sold on to US consumers.

From their point of view, the tariff is a cost per unit sold. It’s a marginal cost, to use economic jargon. And so, of course, they have every incentive to pass the tariff on to consumers, unless foreigners bear the tariff, which actually doesn’t happen, although Trump insists that it does.

When the tariff is eventual