Saturday, February 21, 2026

Tariffs, the Supreme Court, and What Comes Next

 The Supreme Court recently decided to strike down President Trump's use of the International Emergency Economic Powers Act (IEEPA) for his Liberation Day tariffs. This ruling has sparked confusion, joy among Trump opponents, and claims of victory, but its implications are not as decisive as they appear.

• The 6–3 decision emphasized that tariff authority belongs to Congress, and the IEEPA was not meant for presidents to impose tariffs without Congress's approval.

• The ruling highlighted that no president has used the IEEPA for tariffs in nearly 50 years, marking Trump’s actions as a significant overreach of executive power.

• Importantly, this decision affects only the IEEPA and does not eliminate Trump’s tariffs or stop him from imposing new ones using other laws.

• Trump can utilize various other statutes such as the Trade Expansion Act of 1962, the Trade Act of 1974, and historical acts like the Tariff Act of 1930 to impose tariffs.

• Justice Kavanaugh noted that the ruling may not greatly limit a president's capacity to impose tariffs in the future, as other federal statutes remain in place.

• The court did not address the billions in tariff revenue collected under the IEEPA, leaving refund issues unresolved.

• Following the ruling, Trump quickly announced a new 10 percent global tariff under the Trade Act of 1974.

• The overall sentiment is that while the ruling changed the pathway for imposing tariffs, Trump’s tariff strategy is still viable and could be reinforced by Congress.

The Supreme Court's ruling does not eliminate tariffs but changes the legal framework under which they can be imposed. The administration continues to pursue its tariff strategy vigorously, signaling that this issue will remain prominent moving forward. 

https://canadafreepress.com/article/tariffs-the-supreme-court-and-what-comes-next

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