Congress will do 'what's right' if Trump's tariffs are tossed by Supreme Court, House tax committee chair says

House Ways and Means Committee Chairman Jason Smith said Tuesday he would "respond accordingly" if President Donald Trump's levies are overturned by the Supreme Court, but stopped short of pledging to move them through Congress.

The Republican from Missouri said he has worked with the Trump administration "hand in glove" on tariffs, and he himself has "talked with more than 20 different countries in the last two months."

"If the courts do upset the apple cart, then we're going to have to respond accordingly, that's what's appropriate and what's right," he said on CNBC's "Squawk Box."

Smith's comments came just hours before the Supreme Court granted a request by the Trump administration to take up its appeal of lower court rulings.

Those rulings found that Trump overstepped his authority when he imposed tariffs on scores of U.S. trade partners earlier this year.

The court will consider the appeal on an expedited basis. Oral arguments are expected to take place in November.

Last month, two lower courts ruled that Trump's invocation of the obscure International Emergency Economic Powers Act to justify imposing tariffs without consulting with Congress exceeded presidential powers.

"Tariffs are a core Congressional power," the U.S. Court of Appeals for the Federal Circuit wrote in its 7-4 ruling last month.

But Smith's comments sidestepped the question of whether he would actually expend his political capital into trying to pass similar tariffs through the House if the Trump administration ran into trouble.

It's difficult to imagine Democrats supporting a tariff bill in the House or the Senate.

But more worrisome than the prospect of winning over Democrats — at least for Republican leadership — is that a tariff bill in Congress could divide Republicans.

Tariffs are still unpopular with most voters, according to NBC News polling.

This means holding a vote in Congress over tariffs could force Republicans to choose between their constituents, who don't like tariffs, and the president, who is very popular with GOP voters.

"There's some very good agreements that's been out there, whether it's with the European Union, the United Kingdom, with Japan, with South Korea, we need to continue to have more of those agreements," he said on CNBC.

"We need markets open because 96% ... of the world's consumers are outside of the United States, it's important that we have open markets and that we're all being treated fairly," he said.