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Trump Escalates to 15% Global Tariff After Supreme Court Blocks Emergency Duties

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  • Industry Minister Kim Jung-kwan (2nd from R) speaks at a meeting with private industries in Seoul on Feb. 23, 2026, to discuss South Korea's response to U.S. tariff policies following the U.S. Supreme Court's ruling against U.S. President Donald Trump's "reciprocal" tariffs. (Yonhap)
    Industry Minister Kim Jung-kwan (2nd from R) speaks at a meeting with private industries in Seoul on Feb. 23, 2026, to discuss South Korea's response to U.S. tariff policies following the U.S. Supreme Court's ruling against U.S. President Donald Trump's "reciprocal" tariffs. (Yonhap)
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    Industry Minister Kim Jung-kwan (2nd from R) speaks at a meeting with private industries in Seoul on Feb. 23, 2026, to discuss South Korea's response to U.S. tariff policies following the U.S. Supreme Court's ruling against U.S. President Donald Trump's "reciprocal" tariffs. (Yonhap) Source Full size
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    U.S. President Donald Trump speaks during a visit to the Fort Bragg U.S. Army base on February 13, 2026 in Fort Bragg, North Carolina.
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  • Industry Minister Kim Jung-kwan (2nd from R) speaks at a meeting with private industries in Seoul on Feb. 23, 2026, to discuss South Korea's response to U.S. tariff policies following the U.S. Supreme Court's ruling against U.S. President Donald Trump's "reciprocal" tariffs. (Yonhap)
    Industry Minister Kim Jung-kwan (2nd from R) speaks at a meeting with private industries in Seoul on Feb. 23, 2026, to discuss South Korea's response to U.S. tariff policies following the U.S. Supreme Court's ruling against U.S. President Donald Trump's "reciprocal" tariffs. (Yonhap)
    Image: Yonhap
    Industry Minister Kim Jung-kwan (2nd from R) speaks at a meeting with private industries in Seoul on Feb. 23, 2026, to discuss South Korea's response to U.S. tariff policies following the U.S. Supreme Court's ruling against U.S. President Donald Trump's "reciprocal" tariffs. (Yonhap) Source Full size
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    U.S. President Donald Trump speaks to the press at the White House in Washington, D.C., on Feb. 20, 2026, in this photo released by EPA. (Pool photo) (Yonhap)
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Supreme Court blocks emergency‑tariff authority The 6‑3 decision issued on Feb. 20, 2026 held that the 1977 International Emergency Economic Powers Act does not permit the president to impose country‑specific reciprocal tariffs, forcing U.S. Customs and Border Protection to halt collection of the previously levied duties[2]. The ruling emphasized that only Congress may authorize taxes, effectively nullifying the tariff regime that had been in place since April 2025[12]. The Court’s opinion left open the possibility of refunds for the roughly $130‑$175 billion already collected[15][4].

Trump shifts to 15% global tariff under Trade Act Hours after the decision, Trump announced a provisional 15 % worldwide import levy, invoking Section 122 of the 1974 Trade Act, which allows a 150‑day tariff without congressional approval[1][5]. The rate was raised from an earlier 10 % figure and was slated to take effect on Tuesday, the same day as his State of the Union address[1][17]. The administration said the measure exempts certain products such as pharmaceuticals and USMCA‑covered goods, while other sector‑specific duties (steel, aluminum, lumber, autos) remain unchanged[16].

Administration threatens higher duties for non‑compliant nations In a Truth Social post on Feb. 23, Trump warned that any country “playing games” with the Court’s ruling would face “a much higher tariff, and worse”[4][7]. The president framed the threat as leverage to compel adherence to U.S. trade demands and hinted at future product‑specific increases under Sections 232 and 301[6][9]. U.S. Trade Representative Jamieson Greer confirmed that investigations under Section 301 will continue, providing another legal avenue for targeted tariffs[5][6].

Democrats push massive refund bill amid market turbulence Senate Democrats, led by Chuck Schumer, introduced legislation to return between $130 billion and $175 billion in tariff revenues, with interest, over a 180‑day period[1][2]. The proposal has drawn criticism from the White House, while the S&P 500 fell about 1 % following the ruling and later showed modest gains as businesses awaited refund procedures[4][19]. Lawmakers argue the refunds are essential to protect small businesses and consumers ahead of the 2026 midterm elections[11][20].

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Timeline

Apr 2, 2025 – Trump imposes sweeping “day of liberation” reciprocal tariffs, including a 15 % duty on Korean goods (down from 25 %) as leverage for a $350 bn investment pledge, while sector‑specific duties on steel, aluminium and autos remain under other statutes[27][30].

Aug 2025 – A federal appeals court affirms a lower‑court ruling that the International Emergency Economic Powers Act (IEEPA) does not authorize the administration’s broad reciprocal tariffs, setting the stage for Supreme Court review[21].

Nov 2025 – The Supreme Court hears expedited oral arguments on the IEEPA tariff case, with justices probing limits on presidential power and the “major questions” doctrine[25].

Jan 20, 2026 – Trump anxiously awaits the Court’s decision, reiterating that the tariffs protect national security and generate “hundreds of billions” in revenue, while the administration maintains a 15 % tariff on Korean products under the bilateral deal[21].

Feb 20, 2026 – In a 6‑3 ruling, the Supreme Court declares the IEEPA‑based global tariffs unlawful, invoking the Constitution’s grant of tariff power to Congress, and opening the door to refunds on roughly $130‑$175 bn already collected[18][20].

Feb 20, 2026 – Hours after the decision, Trump signs an executive order invoking Section 122 of the 1974 Trade Act to impose a 10 % across‑the‑board tariff effective Feb 24, noting the measure can rise to 15 % for 150 days without congressional approval[13][29].

Feb 21, 2026 – Trump posts on Truth Social that he is “up‑ing” the global tariff to the statutory maximum 15 % and calls the Court’s opinion “ridiculous, poorly written and extraordinarily anti‑American,” while USTR Jamieson Greer pledges to launch Section 301 investigations into major trading partners[10][10].

Feb 21, 2026 – Senate Democratic leader Chuck Schumer warns Democrats will block any effort to extend the 150‑day duties, and Treasury Secretary Scott Bessent says the mix of Section 122, 232 and 301 tariffs should keep 2026 tariff revenue “virtually unchanged”[1][3].

Feb 22, 2026 – The EU suspends ratification of its summer trade deal, India defers talks to finalize a recent agreement, and the UK seeks clarification on whether its 10 % tariff deal remains valid amid the new U.S. global tariff regime[1].

Feb 23, 2026 – Trump threatens “much higher” tariffs for any country that “plays games” with the Court’s ruling, adding “BUYER BEWARE!!!” on Truth Social, while the S&P 500 falls about 1 % as markets react to renewed trade uncertainty[1][1].

Feb 24, 2026 (onward) – The 10 % Section 122 tariff takes effect, remaining in force for 150 days and subject to congressional renewal; the administration plans to use Section 301 investigations and, if needed, other statutes such as Section 338 of the Smoot‑Hawley Act for future tariff rounds, while midterm elections in November 2026 loom as a political backdrop[19][6].

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