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Supreme Court Blocks IEEPA Tariffs, Trump Raises Global Import Duties

At a glance

  • The Supreme Court ruled 6-3 against Trump's use of IEEPA for tariffs
  • President Trump imposed a 10% global tariff under Section 122 of the Trade Act
  • Trump announced an increase to a 15% global tariff on imports the next day

The U.S. Supreme Court issued a decision on February 20, 2026, declaring that President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to implement global tariffs was unconstitutional. The ruling prompted immediate executive action to adjust U.S. trade policy using alternative legal authority.

Following the court’s decision, President Trump signed a proclamation on the same day that established a 10% tariff on all imports. This action was taken under Section 122 of the Trade Act of 1974, which provides the president with specific authority to address trade imbalances through temporary import surcharges.

On February 21, 2026, President Trump announced via social media that the global tariff rate would be raised from 10% to 15%. He stated that 15% is the maximum rate permitted under Section 122 of the Trade Act of 1974, and indicated the increase would take effect immediately.

Section 122 of the Trade Act of 1974 allows the president to impose an import surcharge of up to 15% for a period not exceeding 150 days. The provision is designed to respond to trade imbalances and provides a clear legal framework for temporary tariff measures.

What the numbers show

  • The Supreme Court ruled 6-3 on February 20, 2026
  • A 10% global tariff was imposed on February 20, 2026
  • The global tariff was raised to 15% on February 21, 2026
  • Section 122 permits up to a 15% surcharge for 150 days

President Trump characterized the Supreme Court’s ruling as “ridiculous, poorly written, and extraordinarily anti-American” in his social media post announcing the tariff increase. This statement was made in the context of explaining the decision to use Section 122 authority for the new tariff measures.

The sequence of events began with the Supreme Court’s ruling, which found the use of IEEPA for broad tariffs to be unconstitutional. The administration responded by shifting to a different statutory basis for imposing tariffs, utilizing the Trade Act of 1974.

The legal authority cited for the new tariffs, Section 122, specifically outlines the president’s ability to apply temporary surcharges in response to trade deficits. The actions taken by the executive branch followed the procedural requirements set forth in this statute.

President Trump’s announcements and proclamations regarding the tariffs were published on official channels and social media, providing public notice of the changes to import duties. The tariff measures are set within the limits established by the Trade Act of 1974.

* This article is based on publicly available information at the time of writing.

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