Ranking Member Edward J. Markey (D-Mass.) led a group of Senate Democrats and small business owners in a press conference on November 5, calling on the Supreme Court to overturn tariffs imposed by former President Trump. The event took place near the Supreme Court as justices heard arguments in a case brought by small business owners challenging Trump’s use of the International Emergency Economic Powers Act (IEEPA) to enact tariffs.
Markey was joined by Senators Ron Wyden (D-Ore.), Jeanne Shaheen (D-N.H.), Amy Klobuchar (D-Minn.), Peter Welch (D-Vt.), and six small business owners from across the country. After the press conference, Markey attended the oral arguments at the Supreme Court.
“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 Wyden emphasized congressional responsibility over trade policy: “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 Shaheen discussed how tariffs impact American families: “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 Klobuchar raised concerns about presidential authority: “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,” said Senator Klobuchar. “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 Welch focused on separation of powers: “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,” said Senator Welch.“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. Congress has the taxing authority—we can be held accountable if people don’t like the vote that we make. That’s been hijacked, not by an emergency, but by a presidential whim. We want the Supreme Court to do, really, the simplest thing possible, and that is stand up for enforcing the Constitution.”
Senator Hirono described economic effects: “Trump’s reckless and illegal trade war is sowing chaos for over 34 million small businesses throughout the country, as they bear the brunt of these harmful policies, laying off workers and raising prices just to keep their doors open,” said Senator Hirono.“Trump promised to lower costs on day one. It’s been almost 300 days of his administration and as millions are being forced to endure the spiking costs of these reckless tariffs, the Supreme Court has the power to provide much-needed relief to these businesses. These businesses should not be stuck footing the bill for these policies and it is up to the Court now to either uphold the rule of law or yield more power to this wannabe dictator and his regime.”
Several small business owners shared personal stories about how tariffs have affected their operations:
"President Trump's unilateral executive tariffs are a power grab...I've paid more than $93,000 in tariffs this season alone...These tariffs don’t just hurt small business owners; they hurt children and families who depend on us," said Dahlia Rizk of Buckle Me Baby Coats.
“These tariffs don’t punish foreign governments; they punish American small businesses...I want to acknowledge Senator Ed Markey for his leadership...He understands ...the toll this has taken...on ...small businesses who make up ...our economy,” said Meghann Ellis of Schylling Inc.
“Here’s what I know: small businesses like mine don’t have...large accounting teams...Sales are down about 25%...We only ask to be relieved from ...the burden that’s erasing mom-and-pop stores...” said Dan Marra of Fieldstone Embroidery.
“I’ve owned a children’s shop in Massachusetts for 36 years....because of these tariffs my costs have skyrocketed....I am asking ...the Supreme Court ...to find ...tariffs illegal,” said Beth Hanlon of Pinwheels.
“My bakery ...expenses are up 33% because of tariffs....daily sales are down 40% as people focus on buying essentials because tariffs are increasing prices everywhere....these disastrous tariffs are ...why,” said Katrina Golden of Lil Mama’s Sweets & Treats.
“I began moving my manufacturing [from China]..., but IEEPA tariffs chased me there too....The Supreme Court's decision ...will matter deeply...for entrepreneurs who need stability...” said Sarah Wells of Sarah Wells Bags.
"Since 'Liberation Day' in April,...thousands of price increases from suppliers – increases directly caused by ...tariffs....This simply isn't sustainable..." said Michael Brey of Hobby Works.
"I'm Beth Benike,...Minnesota's 2025 SBA Small Businessperson...Just weeks after receiving my award,...tariffs jumped from 0% to 145%, forcing me...to cut contracts with American service providers....Sales are down more than 50%....I'm here today hoping...the Supreme Court upholds ...the Constitution..." said Beth Benike of Busy Baby.
Ranking Member Markey has previously introduced legislation aimed at providing relief for affected businesses—including bills exempting them from recent broad-based global tariffs—and called upon federal agencies such as SBA Administrator Kelly Loeffler and Secretary Howard Lutnick for procedures refunding tariff payments.
