Policy Implementation Drives Market Focus Beyond Directional Bets
TL;DR
- Post-peak policy uncertainty shifts market focus from directional bets to the implementation and economic impact of established policy choices, particularly influencing sectors like consumer discretionary through fundamentals rather than policy shifts.
- Supreme Court rulings on IEEPA tariffs and USMCA reviews represent key trade policy catalysts, with potential refunds impacting liquidity and USMCA changes affecting North American supply chains and auto sectors.
- Affordability concerns may drive policy shifts, but procedural constraints limit legislative action, making executive branch levers like tariff adjustments the most accessible tools for addressing consumer cost pressures.
- Midterm elections are unlikely to introduce significant new policy catalysts due to expected fiscal gridlock in a divided Congress, favoring legislation only in areas with bipartisan consensus.
- Executive branch actions, such as tariff policy and deregulation, are more likely to influence market behavior than congressional legislation, especially given the limited legislative calendar and procedural hurdles.
- The interaction of policy decisions with economic actors is now the primary driver for markets, moving beyond the debate over policy direction to how businesses and consumers adapt.
Deep Dive
U.S. public policy has moved past peak uncertainty, shifting the focus from directional policy debates to the implementation and market reaction to existing choices. While significant policy shifts are unlikely to drive major market catalysts into 2026, understanding the nuanced implications of current policies and potential legal challenges is crucial for investors. This transition means that market upside, particularly in equities, is increasingly decoupled from broad policy changes and more influenced by fundamental economic factors and AI advancements.
The landscape of key policy variables, including tariffs, fiscal policy, and regulation, has become more predictable. Tariffs, while elevated, appear to have reached a range-bound equilibrium, with further escalations less likely than initially feared, though a Supreme Court decision on the legality of existing tariffs could introduce volatility. Fiscal policy is expected to provide modest stimulus, with significant further action unlikely unless triggered by an economic downturn. Regulatory policy continues its slow, bureaucratic progression, with effects anticipated over the next one to two years. The primary implication of this stabilization is that economic actors, rather than anticipating policy direction, must now adapt to the established policy framework. This necessitates a closer examination of how companies and consumers respond to these constants, influencing market dynamics.
Potential shifts in trade policy, particularly concerning the Supreme Court's ruling on IEEPA tariffs and the upcoming USMCA review, represent key areas to monitor. A negative ruling on tariffs could necessitate complex refund processes, while the USMCA review, especially regarding the automotive sector, will impact North American supply chains. On the domestic front, while legislative action on affordability measures like tariff dividend checks or housing deregulation faces procedural hurdles and is unlikely without an economic shock, the executive branch may leverage existing authorities to address affordability concerns. For instance, the administration has already provided agricultural exemptions and paused certain semiconductor tariffs, signaling a willingness to adjust based on affordability pressures. The upcoming midterm elections are unlikely to create significant policy catalysts due to expected gridlock in a divided government, but they may offer soft signals about future political preferences that could influence policy beyond 2026.
The core takeaway is that the market environment is shifting from anticipating broad policy directions to analyzing the consequences of implemented policies and navigating specific legal or review-driven events. This reduced policy uncertainty, while generally positive for market stability, requires investors to focus on the granular impacts of current regulations, trade agreements, and potential legal challenges, particularly as executive actions may become the primary channel for policy adjustments.
Action Items
- Audit Supreme Court IEEPA tariff ruling impact: Assess potential refund implementation timelines (6+ months) and Treasury/CBP processes for distributing funds.
- Analyze USMCA review implications: Track USTR evaluation by January for potential North American supply chain shifts, particularly in autos.
- Evaluate affordability policy levers: Monitor for potential tariff adjustments or housing deregulation proposals impacting consumer behavior.
- Track midterm election signals: Assess potential shifts in political preferences and their long-term policy implications for 2028.
Key Quotes
"So, the first thing I'd say is clients are definitely interested in our more bullish outlook, in particular for the U.S. equity market. And normally we would start these conversations by talking through the policy variables, right? Immigration, deregulation, fiscal, and trade policy. But I think now we're actually post peak uncertainty for those variables, and we're talking through how the policy choices that have been made interact with the outlook."
Ariana Salvatore indicates that client interest has shifted from predicting policy direction to understanding the impact of already-made policy decisions. Salvatore explains that this represents a change from previous discussions, which focused on the uncertainty of future policy.
"With tariffs, for example, you could make a credible argument that they weren't going to increase at all. But you could also make a credible argument that the average effective tariff rate was going to go up to 50 or 60 percent. While the tariff story certainly isn't over going into 2026, it certainly feels like we've landed in a place that's more range bound."
Michael Zezas highlights that the range of potential outcomes for tariff policy has narrowed significantly compared to the previous year. Zezas notes that while tariffs have increased substantially, they have not reached the most extreme projections, suggesting a more stable, albeit higher, equilibrium.
"So, I would say the clearest catalyst is the impending decision from the Supreme Court on the legality of the IEEPA tariffs. I think on that front, there are really two things to watch. The first is what President Trump does in response. Right now, there's an expectation that he will just replace the tariffs with other existing authorities, which I think probably should still be our base case."
Ariana Salvatore identifies a key event that could influence trade policy: a Supreme Court decision on the legality of certain tariffs. Salvatore explains that investors should consider how President Trump might react to such a decision, with the base case being a replacement of tariffs using existing executive powers.
"So, as we've said, one of the more reliable historical priors is that it's difficult to legislate during election years. That's a function of the fact that lawmakers just aren't in D.C. as often. You also have limited availabilities in terms of procedure itself because Republicans would have to probably do another Reconciliation Bill unless you get some bipartisan support."
Ariana Salvatore points out the procedural challenges of passing legislation during election years. Salvatore explains that reduced legislative presence in Washington D.C. and the need for specific procedural tools like Reconciliation Bills limit the likelihood of new laws being enacted.
"So, the way I've been thinking about it is: No clear new policies that someone has to account for coming out of the midterms. However, we definitely have to pay attention. There could be some soft signals there about political preferences and resulting policy preferences that might become live a couple years down the line after we get into the 2028 general elections -- and the new power configuration that could result from that."
Michael Zezas suggests that midterm elections are unlikely to introduce immediate, significant policy changes. Zezas advises investors to monitor these elections for subtle indications of future political and policy directions that may become more relevant in subsequent election cycles.
Resources
External Resources
Articles & Papers
- "U.S. Policy Breaks Past Peak Uncertainty" (Thoughts on the Market) - Discussed as the topic of the podcast episode, focusing on policy choices and their market implications.
People
- Michael Zezas - Host, Global Head of Fixed Income Research and Public Policy Strategy at Morgan Stanley.
- Ariana Salvatore - Guest, U.S. Public Policy Strategist at Morgan Stanley.
Organizations & Institutions
- Morgan Stanley - Mentioned as the source of the podcast and insights.
- U.S. Congress - Referenced for its role in fiscal policy and potential legislative actions.
- White House - Mentioned as a key entity influencing U.S. public policy.
- Supreme Court - Discussed in relation to its impending decision on the legality of IEEPA tariffs.
- Treasury - Referenced regarding the potential repayment of tariff revenue.
- CBP (Customs and Border Protection) - Mentioned in the context of implementing tariff refunds.
- USTR (United States Trade Representative) - Referenced for its evaluation of the USMCA.
- Democrats - Mentioned in discussions about legislative policy and election behavior.
- Republicans - Referenced in discussions about legislative procedures and election outcomes.
Other Resources
- IEEPA tariffs - Discussed as a key policy variable with an impending Supreme Court decision.
- USMCA (United States-Mexico-Canada Agreement) - Referenced as a topic for review impacting North American supply chains.
- ACA subsidies - Mentioned as a policy item related to affordability and government funding debates.
- Section 232 tariffs on semiconductors - Referenced as a policy that the administration has stated it will not move forward with in the near term.
- AI (Artificial Intelligence) - Mentioned as a factor influencing the equity market and a potential area for policy action.
- Midterm elections - Discussed as a potential catalyst for policy change and a factor for investors to track.