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Thursday, November 6, 2025

Senate Democrats urge Supreme Court action against Trump's tariff policy impacting small businesses

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Edward J. Markey, Ranking Member of the Senate Committee on Small Business and Entrepreneurship | Official website

Edward J. Markey, Ranking Member of the Senate Committee on Small Business and Entrepreneurship | Official website

At a press conference in Washington, Ranking Member Edward J. Markey (D-Mass.) led several Senate Democrats and small business owners in urging the Supreme Court to rule against tariffs imposed by former President Donald Trump. The event took place outside the Supreme Court as justices heard arguments from small business owners challenging Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs.

“This case should be called Small Businesses v. Trump,” said Ranking Member Markey. “Small businesses are refusing to let Trump destroy everything they have worked for. Trump is not a king. His tariffs are illegal and unconstitutional. His reckless policies have led to economic chaos, and they must end. I have been fighting to provide relief to small businesses being crushed by Trump’s tariffs, and now I am calling on the Supreme Court to do what is legally, morally, and economically right. The Supreme Court must stand with small businesses, rein in President Trump’s king-like power grab, and stop him from turning Main Street into Pain Street.”

Senator Ron Wyden (D-Ore.), Finance Committee Ranking Member, stated: “Tariffs are Donald Trump’s fault, but they’re Congress’s responsibility. No matter how the Supreme Court decides this case, you can be sure Trump will keep coming back with new taxes on the essentials that Americans buy from abroad. The only way to stop Trump’s price-hiking, job-killing tariffs for good is for Congress to step up and reassert its constitutional power over trade.”

Senator Jeanne Shaheen (D-N.H.), Foreign Relations Committee Ranking Member, highlighted the local impact: “These tariffs are being paid by American families who are going to spend about $1,800 more on average this year because of those tariffs. And in New Hampshire, where we are a small business state, we have a housing crisis, housing costs, which are already out of reach, are going to go up about $10,000 or more because of the tariffs the President has imposed on key materials.”

Senator Amy Klobuchar (D-Minn.), Agriculture Committee Ranking Member remarked: “What's at stake today is the simple idea that the President has been abusing his power to enact these across-the-board tariffs, which amount to a $2,000 tariff tax on every family in America. The word ‘tariff’ is not in the International Emergency Economic Powers Act. It is an abuse of that statute. What else will be on the line? This idea that the Constitution actually allows the President to take away the power from Congress. It is clear that it does not.”

Senator Peter Welch (D-Vt.) added: “The small businesses who do so much for the well-being of our communities are under such pressure—it's our bakers, small farms and small manufacturers—they’re getting hit every single day with something new on the tariff front... Bottom line: there should be no tariffs unless Congress acts. What’s at stake here is the separation of powers and the system of checks and balances... We want the Supreme Court to do...the simplest thing possible...stand up for enforcing the Constitution.”

Senator Mazie Hirono also criticized Trump's trade policies: “Trump’s reckless and illegal trade war is sowing chaos for over 34 million small businesses throughout the country...laying off workers and raising prices just to keep their doors open...the Supreme Court has the power to provide much-needed relief...”

Several small business owners described financial challenges caused by increased costs due to these tariffs:

- Dahlia Rizk from Buckle Me Baby Coats said she had paid over $93,000 in tariffs this season alone.

- Meghann Ellis from Schylling Inc., praised Senator Markey's efforts.

- Dan Marra from Fieldstone Embroidery reported sales down about 25%.

- Beth Hanlon from Pinwheels cited rising costs forcing suppliers to cancel orders.

- Katrina Golden from Lil Mama’s Sweets & Treats shared her shop expenses rose 33%, with daily sales dropping 40%.

- Sarah Wells of Sarah Wells Bags noted shifting manufacturing locations did not protect her business from IEEPA-related tariff increases.

- Michael Brey of Hobby Works described thousands lost due to supplier price hikes after "Liberation Day."

- Beth Benike of Busy Baby explained that sales fell more than 50% since Liberation Day tariffs increased.

Ranking Member Markey has previously introduced legislation such as the Small Business RELIEF Act aimed at exempting small businesses from certain tariffs and requiring refunds for those already paid. He also attempted multiple times this year through bills like the Small Business Liberation Act—measures blocked each time by Senate Republicans.

In August 2025 Markey sent letters requesting federal agencies establish refund procedures for affected businesses.

Markey remains committed publicly highlighting stories of impacted entrepreneurs while seeking legislative solutions intended specifically for American small businesses facing ongoing challenges related directly or indirectly to federal tariff policy.

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