Supreme Court curbs Trump’s IEEPA tariffs but trade uncertainty will remain
Feb 28th 2026
The Supreme Court rejected the president’s broad IEEPA-based tariffs, but the administration can still try other legal paths to reimpose import taxes, leaving businesses, partners and importers facing more uncertainty.
- Supreme Court struck down the sweeping tariffs justified under the 1977 International Emergency Economic Powers Act.
- The administration can use Section 122 of the Trade Act to impose up to 15 percent global tariffs for 150 days, but that authority is untested and extensions need congressional approval.
- USTR has launched Section 301 investigations, a statute previously used to impose durable, targeted tariffs such as those on China.
- Customs began collecting a 10 percent levy after the ruling even as the president publicly floated different rates, adding to confusion.
- About $133 billion in IEEPA tariffs were collected and the court left refunds and procedures to lower courts and Customs, a process likely to be slow and complex.
- Some trading partners have paused ratification of deals negotiated under the IEEPA threat, while U.S. officials say agreements will remain in effect and could be enforced under other trade laws.