If you're wondering why the stock market keeps whipsawing every time someone mentions tariffs, here's the latest reason: the Trump administration just announced they'll play tariff whack-a-mole with the courts.

According to Reuters, U.S. Trade Representative Jamieson Greer told the New York Times that if the Supreme Court strikes down the administration's sweeping global tariffs, they'll simply "enact new tariffs almost immediately" under different legal authority.

Let me translate that from Washington-speak: The tariff uncertainty isn't going away.

This matters for anyone with money in the market because uncertainty is portfolio poison. Companies can't plan capital expenditures when they don't know what their import costs will be next quarter. Investors can't properly value businesses when the regulatory environment changes weekly. And the Supreme Court battle over whether the president can unilaterally impose tariffs under emergency powers? That could drag on for months.

Here's the shell game part: Even if the courts rule against the administration's use of emergency powers, they're essentially saying "fine, we'll just use a different law." It's a guarantee of continued volatility, which is exactly what Wall Street hates.

What this means for you

If you're holding broad index funds, you're already exposed to this chaos. Companies with complex international supply chains - think tech, autos, consumer goods - are the most vulnerable. Every tariff announcement is another round of "guess the new cost structure."

The savvier play right now isn't trying to predict which industries get hit next. It's recognizing that policy uncertainty itself is the real cost. Studies consistently show that businesses delay investment and hiring when they can't predict regulatory changes.

And here's what bugs me about this whole situation: Regular investors are left holding the bag while Wall Street analysts update their models three times a week. If you're rebalancing your 401(k) based on tariff headlines, you're already losing.

The honest answer? In an environment where the rules can change overnight by executive decree, there's no perfect hedge. What you can do is make sure you're not overexposed to single sectors, keep some dry powder for opportunities, and stop checking your portfolio every time Trump sends a Truth Social post.

If they're going to keep moving the goalposts, the only winning move is not to play their game.