Democrats Win Congress, Plan to Challenge Trump Tariffs

Democrats won control of Congress in the 2026 midterm elections and are preparing to challenge President Donald Trump's tariff policy as soon as they take power in the next Congress.

Democratic Plans

Democratic leaders plan to speed legislation to the House floor that reasserts Congress' authority over trade. Rep. Hakeem Jeffries of New York, the Democratic minority leader who could be elected House speaker in the next Congress, said at a press conference in late August: "We should restore congressional authority as it relates to tariffs, because the Trump tariffs are making life more expensive for the American people."

Democrats are also laying the groundwork for investigations into Trump's tariffs. Rep. Jamie Raskin of Maryland, the top Democrat on the House Judiciary Committee, on Oct. 28 asked Trump to hand over records related to tariff exemptions. Raskin alleges Trump has wielded the exemption power to cut "sweetheart deals" for industries whose leaders have plied the president with gifts.

Sen.-elect Abdul El-Sayed, D-Mich., told MS NOW's "Morning Joe" on Thursday that ending Trump's tariff regime, and especially his trade war against Canada, is something Democrats "absolutely have to do immediately."

Obstacles and Legal Challenges

Despite their victory, Democrats will still lack a 60-vote filibuster-proof majority in the Senate, giving Republicans a tool to block legislation. Trump is also poised to use his veto power, and overriding a presidential veto requires two-thirds majorities in both the House and Senate.

The administration is already embroiled in multiple lawsuits challenging different parts of the government's tariff policy. The most recent suit, filed Oct. 20, targets Trump's use of a Great Depression-era law to impose 50% tariffs on a range of Canadian goods. Another court case accuses Trump of trying to recreate the near-global "liberation day" tariffs that the Supreme Court struck down as illegal in late February. The administration has since been ordered to refund $166 billion in tariff revenue it had collected under the scrapped policy.

Trump's Position

Trump has said he plans to use the veto power to force Democrats to the negotiating table. After Tuesday's election, Trump told CNBC's Eamon Javers in a phone call Wednesday: "If I took tariffs off — we have 3,000 plants under construction right now. Every single plant would stop building."

The nonprofit Tax Foundation estimates Trump's tariffs have raised the average U.S. household's tax burden by $820 in 2026. The duties have brought in around $300 billion in total between January 2025 and July 2026, according to the Penn Wharton Budget Model. About $138 billion of that total has been refunded since the Supreme Court ruling in February. Nearly $20 billion in tariff collections are still set to be refunded.

Sixty-five percent of respondents to the CNBC Voter Poll on Nov. 3 said the duties have hurt the U.S. economy, while just 22% say they helped.

Why it matters

Democrats' control of Congress gives them new legislative and investigative tools to challenge Trump's tariffs, but Senate rules and the presidential veto mean they would need significant Republican support to pass bills into law over Trump's objection.

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Sources

• cnbc.com: How Democrats will try to end Trump's tariffs
• thestar.com: Voters demanded economic relief. Trump and Democrats face tough choices on how to deliver

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.