Defying the Court’s Setback
Donald Trump has announced that global tariffs will rise from 10% to 15%, effective immediately, just one day after the Supreme Court of the United States struck down his sweeping import taxes.
In a social media post, Trump said the increase followed what he described as a “ridiculous” and “anti-American” ruling by the court. The 6–3 decision found that he had overstepped his authority by using emergency powers under the International Emergency Economic Powers Act (IEEPA) to impose broad tariffs. While past presidents have relied on the 1977 law for sanctions and economic restrictions, Trump was the first to apply it to import taxes.
The court’s majority opinion made clear that the Constitution grants Congress — not the president — the authority to levy taxes, including tariffs. Chief Justice John Roberts wrote that the framers did not place taxing power in the executive branch.
Turning to Other Legal Tools
Trump brushed off the ruling, arguing it applied only to his use of IEEPA and insisting other trade laws remain available. He confirmed that tariffs under Section 232 and existing Section 301 measures would stay in place and said new investigations are already under way to address what he calls unfair trade practices.
Two key alternatives now come into focus: Sections 301 and 122 of the Trade Act of 1974. Section 301 allows the US Trade Representative to investigate and respond to unfair trade behavior, but it requires a formal process that can take up to a year before tariffs are imposed. Section 122, by contrast, allows temporary import surcharges of up to 15% for 150 days in cases of serious balance-of-payments problems — but those measures expire unless Congress approves an extension.
Even administration officials have acknowledged these tools are narrower and less powerful than IEEPA, limiting how quickly and aggressively tariffs can be applied.
Legal Battles and Political Stakes
The Supreme Court case was brought by a coalition of mostly Democratic-leaning states and a range of businesses, from small importers to major retailers, who argued that the emergency law did not authorize tariffs. Trump lashed out at those behind the lawsuit but made clear he intends to keep his tariff strategy alive.
He has framed the legal fight as central to his broader economic agenda, despite polling that suggests tariffs are unpopular with many voters concerned about rising costs. “Some of them stand. Many of them stand. Some of them won’t, and they’ll be replaced with other tariffs,” Trump said, signaling that his trade offensive is far from over.
