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

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  • This photo, released by Reuters, shows U.S. President Donald Trump speaking during a press briefing at the White House in Washington on Feb. 20, 2026. (Yonhap)
    This photo, released by Reuters, shows U.S. President Donald Trump speaking during a press briefing at the White House in Washington on Feb. 20, 2026. (Yonhap)
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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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    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. Source Full size
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  • Certain cargo imports into the US faced increased tarriffs after Trump shook up trade policy last year
    Certain cargo imports into the US faced increased tarriffs after Trump shook up trade policy last year
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  • Birchall boss Daniel Graham says his business has been able to cope with tariffs because tea is a relatively low-cost item
    Birchall boss Daniel Graham says his business has been able to cope with tariffs because tea is a relatively low-cost item
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    Birchall boss Daniel Graham says his business has been able to cope with tariffs because tea is a relatively low-cost item (Birchall) Source Full size
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  • Certain cargo imports into the US faced increased tarriffs after Trump shook up trade policy last year
    Certain cargo imports into the US faced increased tarriffs after Trump shook up trade policy last year
    Image: BBC
    Certain cargo imports into the US faced increased tarriffs after Trump shook up trade policy last year (Getty Images) Source Full size
  • 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.
    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.
    Image: Newsweek
    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. Source Full size
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  • This photo, released by Reuters, shows U.S. President Donald Trump speaking during a press briefing at the White House in Washington on Feb. 20, 2026. (Yonhap)
    This photo, released by Reuters, shows U.S. President Donald Trump speaking during a press briefing at the White House in Washington on Feb. 20, 2026. (Yonhap)
    Image: Yonhap
    This photo, released by Reuters, shows U.S. President Donald Trump speaking during a press briefing at the White House in Washington on Feb. 20, 2026. (Yonhap) Source Full size
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  • Au port de Los Angeles (Californie), le 20 février 2026.MARIO TAMA / AFP
    Au port de Los Angeles (Californie), le 20 février 2026.MARIO TAMA / AFP
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    Au port de Los Angeles (Californie), le 20 février 2026.MARIO TAMA / AFP (MARIO TAMA / AFP) Source Full size

Supreme Court Decision Nullifies IEEPA Tariffs On February 23, 2026 the U.S. Supreme Court issued a 6‑3 ruling that the International Emergency Economic Powers Act cannot authorize the reciprocal tariffs President Trump imposed, striking down duties that had generated roughly $130‑$133 billion in revenue and ordering Customs to cease collection after midnight on Tuesday [2][3][11][13][15].

Administration Switches to Section 122 Global Tariff Hours after the Court’s decision, the White House invoked Section 122 of the 1974 Trade Act to implement a uniform 10 % global tariff on February 24, 2026, with a statutory ceiling of 15 % and a 150‑day limit that does not require congressional approval [1][4][6][15][20].

Tariff Rate Set at 10% Then Raised to 15% President Trump initially announced the 10 % levy, then on February 24‑25 declared a 15 % worldwide tariff, warning that nations “playing games” would face even higher duties; the 10 % rate applies to about $1.2 trillion of imports, representing roughly 34 % of U.S. trade and costing the average household about $700 in 2026 [3][5][1].

Refund Litigation and Congressional Refund Bill FedEx and other importers filed lawsuits in the U.S. Court of International Trade seeking full refunds of the invalidated IEEPA duties; simultaneously, Senate Democrats introduced legislation to force the Treasury to return roughly $175 billion (including interest) to affected businesses within 180 days [7][8][12].

International Reactions and Market Uncertainty The United Kingdom’s trade secretary said the 10 % U.S.–UK arrangement remains intact, while the EU suspended its summer‑deal ratification and India postponed tax‑treaty talks; analysts note the rapid policy shifts have revived trade‑war risk and caused a 1 % dip in the S&P 500 [1][13][16].

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storage.courtlistener.com Court brief on presidential tariff authority under IEEPA (cited 1 times)

Federal Appeals Court Brief Defends Presidential Tariff Authority Under IEEPA

Key Facts

  • IEEPA explicitly authorizes presidential tariff authority The brief argues that the International Emergency Economic Powers Act’s text and precedent—especially United States v. Yoshida—clearly permit the President to impose tariffs as a means of “regulating importation,” and that Congress intentionally incorporated this language when enacting IEEPA. It further asserts that Section 122 of the Trade Act does not preempt IEEPA’s tariff power, and that both statutes coexist harmoniously, rebutting plaintiffs’ claim that IEEPA forbids tariffs. [1]

  • Court of International Trade’s injunction deemed overbroad The brief contends that the CIT issued a universal injunction without the equitable analysis required by eBay Inc. v. MercExchange and contrary to the Supreme Court’s Trump v. CASA decision, which limits injunctive relief to the parties before the court. It warns that a blanket ban would cripple ongoing trade negotiations and national‑security objectives, and therefore urges reversal of the injunction. [1]

  • Presidential emergency declarations are non‑justiciable The brief maintains that courts lack authority to review the President’s determination of an “unusual and extraordinary threat” or the validity of a national‑emergency declaration under IEEPA, citing precedents such as Yoshida, Chang, and Center for Biological Diversity v. Trump. It argues that such review would intrude on the political branches’ exclusive domain in foreign affairs. [1]

  • Tariffs serve as leverage in diplomatic negotiations The brief explains that IEEPA‑authorized tariffs, including those targeting trafficking, are intended to create bargaining leverage to resolve emergencies, referencing Dames & Moore v. Regan and Yoshida. It rejects plaintiffs’ claim that this purpose exceeds statutory authority, noting longstanding congressional practice of using trade measures for foreign‑policy objectives. [1]

  • Statutory language and legislative history support tariff power The brief highlights that Congress deliberately adopted the same language from the Trading With the Enemy Act when drafting IEEPA, and that legislative history shows intent to grant the President broad discretion in emergencies—ranging from trade deficits to the fentanyl crisis. Executive orders and Senate reports are cited as confirming the scope of authority. [1]

  • Plaintiffs’ major‑questions and nondelegation challenges fail The brief argues that the major‑questions doctrine and nondelegation doctrine do not apply because the delegation is to the President in the foreign‑policy and national‑security context, where broad delegations are the norm. It cites FCC v. Consumer’s Research and other cases upholding such delegations, concluding that plaintiffs lack a viable constitutional challenge. [1]

Who Said What

No direct quotations were included in the brief.

Some Context

  • IEEPA (International Emergency Economic Powers Act): A federal statute granting the President authority to regulate international commerce—including imposing tariffs—when a national emergency is declared. Central to the dispute over whether the President can levy tariffs without additional congressional authorization.
  • CIT (Court of International Trade): A specialized federal court that adjudicates cases involving international trade and customs issues. Its injunction in this case is contested for being overly broad.
  • Major‑questions doctrine: A judicial principle requiring clear congressional authorization for agencies (or the President) to exercise powers of vast economic or political significance. The brief argues it does not limit presidential IEEPA actions.
  • Nondelegation doctrine: A constitutional rule that Congress cannot delegate its legislative authority without providing an intelligible principle. The brief maintains that IEEPA provides sufficient guidance, especially in foreign‑policy contexts.
  • Universal injunction: An injunction that applies to all parties, not just those before the court. The brief asserts that such relief exceeds equitable limits and conflicts with Trump v. CASA precedent.
View original document

Timeline

Dec 9, 2025 – Trump warns on Truth Social that a Supreme Court decision against his tariffs would be “the biggest threat in history” to U.S. national security, claiming the duties have made America “financially strongest” and warning Europe would be blocked from similar actions if the Court rules against him [25].

Dec 11, 2025 – At a cabinet meeting Trump blames President Biden for the “worst inflation in history,” despite CPI falling to 3 % by Jan 2025, and says his tariffs have only modestly raised input costs, which businesses largely absorb [24].

Jan 9, 2026 – Trump tells The New York Times he could issue $2,000 “tariff dividend” checks to Americans by year‑end, insisting the payments need no congressional approval, while officials warn any distribution would require legislative authorization [23].

Jan 12, 2026 – Trump warns that if the Supreme Court strikes down his tariff authority, “the United States would face chaos” and refunds of the billions collected could take years to sort out, calling repayment a “complete mess” [22].

Jan 15, 2026 – South Korean Trade Minister Yeo Han‑koo says Seoul will monitor other countries’ reactions and prepare an “optimal response” if the U.S. Supreme Court invalidates the IEEPA‑based reciprocal tariffs, noting a new 25 % AI‑chip proclamation could affect Korean chipmakers [20].

Feb 20, 2026 – The Supreme Court issues a 6‑3 ruling that the International Emergency Economic Powers Act cannot authorize the sweeping tariffs, nullifying the 2025 “reciprocal” duties and prompting Trump to announce a 10 % global tariff under Section 122 of the 1974 Trade Act, with exemptions for critical minerals and vehicles [15][14][13].

Feb 20, 2026 – Treasury data show the tariffs have generated roughly $130 billion in extra revenue, while the Commerce Department reports a record 2025 U.S. merchandise trade deficit of $1.241 trillion, indicating the tariff strategy failed to shrink the gap [30][15].

Feb 21, 2026 – Trump signs a proclamation imposing a 10 % worldwide duty effective Feb 24, calling it “a great honor” and emphasizing the 150‑day limit and the possibility of congressional renewal [28].

Feb 22, 2026 – Trump announces via Truth Social that the 10 % levy will be raised to 15 % “immediately,” signing a second proclamation that lifts the rate to 15 % for goods not covered by sector‑specific exemptions, and notes the measure will run for 150 days unless Congress extends it [9][10][5].

Feb 23, 2026 – Trump threatens “much higher” duties on any country that “plays games” with trade deals, warning of retaliation after the Court’s decision, while U.S. Trade Representative Jamieson Greer says the overall policy remains unchanged [3].

Feb 23, 2026 – Britain’s trade secretary Peter Kyle says the 10 % U.S.–UK deal remains the best arrangement but warns that breaching the tariff pact could trigger reciprocal measures, and analysts predict the 15 % levy would hit the UK hardest [4].

Feb 23, 2026 – South Korea’s finance minister Koo Yun‑cheol tells parliament that uncertainty over U.S. tariff moves is “very high,” noting the new 15 % levy likely mirrors the previous policy but adds no clear details, and pledges a proactive response [8].

Feb 23, 2026 – Senate Democrats unveil legislation requiring Customs to refund roughly $175 billion collected under the illegal tariffs, with interest and priority for small‑business claimants, framing the bill as a “crucial first step” before the November midterms [6].

Feb 23, 2026 – French industry leaders, including Haulotte CEO Alexandre Saubot, warn that the reinstated 15 % tariff creates a “new phase of uncertainty” for French exporters, even though the rate matches the existing EU‑U.S. levy [7].

Feb 24, 2026 – FedEx files a lawsuit in the U.S. Court of International Trade seeking a full refund of duties paid under the Trump tariffs, citing the Supreme Court’s decision that IEEPA did not authorize the levies [2].

Feb 24, 2026 – The 10 % global tariff officially takes effect, with filings confirming it has been in force since Tuesday and no directive yet to raise it to 15 %, while analysts warn the rapid changes “add to the chaos and mess” and raise the risk of a broader trade war [1].

Feb 24, 2026 – Allies react cautiously: Britain’s Peter Kyle affirms the 10 % U.S.–UK deal remains best, the EU suspends ratification of its summer‑deal pending clarity, and India postpones tax‑treaty talks, while Trump threatens higher tariffs on “countries playing games” [1].

Future (by late July 2026) – The 150‑day tariff window set on Feb 24 is slated to expire in late July, after which Congress must act to extend or terminate the duties, and the Senate refund bill aims to force repayment within 180 days once enacted [6][1].

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