Trump imposes 10% global tariff after Supreme Court strikes down emergency powers

2026-02-20 - 21:32

President Donald Trump announced Friday he will impose a new 10% tariff on nations around the world under alternative legal authorities, hours after the Supreme Court struck down his global import tax campaign in a 6-3 decision. Trump sharply attacked the court, saying he is "ashamed of certain members... absolutely ashamed for not having the courage to do what's right for our country." Court Ruling and Response The Supreme Court dismissed Trump's rationale that the 1977 International Emergency Economic Powers Act allowed emergency-based import duties. Chief Justice John Roberts wrote: "The Framers did not vest any part of the taxing power in the Executive Branch." Three liberal justices were joined by three conservatives—including Roberts—in rejecting the tariffs. Trump claimed foreign countries "ripping us off for years are ecstatic... but they won't be dancing for long." New Legal Basis Trump said he would sign an executive order instituting 10% tariffs "over and above our normal tariffs already being charged" under Section 122 of the Trade Act of 1974, which allows presidential duties up to 15% to address "large and serious United States balance-of-payments deficits"—but only for 150 days unless Congress extends. Additional trade investigations will launch under Section 301, targeting nations deemed engaged in "unjustifiable" or "discriminatory" practices. Congressional Hurdles Trump faces strong opposition even within his own party for securing congressional approval. Asked why he wouldn't seek congressional authorization, Trump was defiant: "I've always had the right to do tariffs. All we're doing is going through a little more complicated process." It remains unclear whether the new approach will pass constitutional muster, as the court explicitly stated Congress holds taxing authority.