Trump Threatens Higher Tariffs and Implements 15% Global Surcharge After Court Blocks Emergency Powers
Updated (3 articles)
Supreme Court blocks emergency tariff authority On February 23, 2026 the U.S. Supreme Court ruled that the 1977 International Emergency Economic Powers Act does not permit the president to impose country‑specific “reciprocal” tariffs, overturning Trump’s emergency‑levy strategy [1][2]. The decision was described as a major setback for the administration’s trade agenda and limits the use of IEEPA for unilateral tariff actions [1][2].
Trump warns of “much higher” tariffs for non‑compliant nations In a Truth Social post the same day, President Donald Trump declared that any nation “playing games” with the Court’s ruling would face tariffs “higher than those recently agreed,” adding the emphatic tag “BUYER BEWARE!!!” [1][2]. He framed the threat as a tool to protect the trade deficit, boost domestic manufacturing, and generate revenue ahead of the 2026 midterm elections [2].
Administration pivots to Section 122 global surcharge Following the ruling, the White House announced a temporary worldwide tariff using Section 122 of the 1974 Trade Act, initially described as a 15 percent surcharge for up to five months [1][2]. An earlier Feb. 20 announcement had set the rate at 10 percent, creating a discrepancy between the two briefings; Section 122 legally allows surcharges up to 15 percent, which the administration now intends to apply [3]. The measure can take effect within days and will expire after a 150‑day limit unless Congress extends it [1].
USTR Jamieson Greer to launch Section 301 investigations Trade Representative Katherine Jamieson Greer confirmed that the United States will open multiple Section 301 probes into alleged unfair foreign trade practices, providing an additional statutory pathway for imposing tariffs or quotas [1][2][3]. These investigations are positioned to shape “fair tariffs” and complement the global surcharge [3].
Democratic opposition and 150‑day deadline Senate Minority Leader Chuck Schumer (D‑NY) announced on X that Senate Democrats will block any effort to extend the Section 122 tariffs beyond the 150‑day period, labeling the policy “chaotic” and a tax on Americans [1]. The deadline falls in the summer of 2026, creating a political showdown ahead of the midterms [1].
Sources
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1.
Yonhap: Trump Threatens Higher Tariffs After Supreme Court Blocks Emergency Duties – Details Trump’s “much higher” tariff threat, the shift to a 15 % global tariff under Section 122, Greer’s Section 301 investigations, and Schumer’s pledge to block extensions, emphasizing the administration’s claim that existing statutes suffice .
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2.
Yonhap: Trump threatens higher tariffs after Supreme Court blocks emergency powers – Mirrors the first report but highlights the tariffs as a midterm election tool, reiterates the 15 % global surcharge plan, and stresses Trump’s assertion that no new congressional approval is needed .
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3.
Yonhap: Trump Announces 10% Global Tariff Using 1974 Trade Act Section 122 – Reports the earlier Feb. 20 announcement of a 10 % global tariff, explains Section 122’s authority for up to 15 % surcharges over five months, notes the reduction of South Korean tariffs, and links the move to ongoing Section 301 probes .
Timeline
Early Feb 2026 – The Supreme Court rules that the 1977 International Emergency Economic Powers Act does not permit the president to impose country‑specific “reciprocal” tariffs without clear congressional authorization, effectively blocking President Trump’s emergency tariff authority [1][2].
Feb 20, 2026 – Trump announces a 10 percent global tariff under Section 122 of the 1974 Trade Act, saying he will sign an order that adds the surcharge to existing duties and can take effect three days after the announcement [3].
Feb 20, 2026 – He notes that Section 122 allows up to a 15 percent surcharge for a maximum of five months and ties the measure to ongoing Section 301 investigations aimed at “unfair trading practices of other countries and companies” [3].
Feb 23, 2026 – In a Truth Social post, Trump warns that any nation that “plays games” with the Court’s decision will face “much higher” tariffs, adding the emphatic alert “BUYER BEWARE!!!” [1][2].
Feb 23, 2026 – The administration pivots to a temporary 15 percent worldwide tariff using Section 122, citing the law’s authority to impose import restrictions such as tariffs and quotas for up to five months [1].
Feb 23, 2026 – USTR Jamieson Greer announces that the United States will launch new Section 301 investigations into alleged unfair foreign trade practices, providing another legal avenue for tariff action [1].
Feb 23, 2026 – Senate Minority Leader Chuck Schumer vows that Democrats will block any effort to extend the Section 122 tariffs beyond the 150‑day limit when they expire this summer, calling the policy “chaotic” and a tax on Americans [1].
Feb 23, 2026 – Trump asserts he does not need fresh congressional approval because existing statutes already grant the administration authority, positioning the tariffs as a tool to cut the trade deficit, spur domestic manufacturing, and raise revenue ahead of the 2026 midterm elections [1][2].
Summer 2026 (expected) – The 150‑day Section 122 tariff regime is set to expire, prompting a political battle over whether to extend the measures [1].
Nov 2026 (midterm elections) – The tariff strategy is framed as a campaign issue intended to influence voter sentiment and bolster the administration’s economic narrative [2].