Trump Plans Tariff Increase Following Supreme Court Decision

Written by on February 22, 2026

Donald Trump has increased tariffs on imports from 10 to 15 percent, a move announced shortly after the Supreme Court ruled his previous tariffs unconstitutional. The increase is effective immediately and follows a review of the court’s decision.

Supreme Court Ruling and Legal Basis

The Supreme Court, in a six-to-three vote, determined that Trump lacked the authority to unilaterally set and alter tariffs. The ruling invalidated tariffs imposed using the International Emergency Economic Powers Act (IEEPA). Trump has now implemented the 15 percent tariff rate using Section 122 of the Trade Act of 1974, which allows for tariffs but limits them to a 150-day period unless extended by Congress. It remains unclear if an updated executive order will be issued.

Tariff Exemptions and Future Actions

The White House states that the Section 122 tariffs include exemptions for certain products, including critical minerals, metals, and energy products. Trump indicated his administration will continue to identify and implement legally permissible tariffs in the coming months, aiming to continue what he calls “Making America Great Again.” He intends to utilize other statutes that permit import taxes based on national security or unfair trade practices.

Financial Impact and Lawsuits

The US Treasury collected over $133 billion from import taxes imposed under the emergency powers law as of December. Following the Supreme Court’s ruling, more than a thousand lawsuits have been filed by importers seeking refunds, with more anticipated. While legal challenges are expected, the process may be particularly difficult for smaller firms. Foreign governments are facing complexities related to existing trade agreements.

Trade Deal Implications

The ruling impacts existing trade deals. For example, the US-Taiwan trade deal, which lowered tariffs on Taiwanese goods to 15 percent, remains in effect. Similarly, the trade deal between the US and the United Kingdom, which imposed a 10 percent tariff on most UK goods, is still in place. Countries like Brazil could potentially see their tariff rates drop to 15 percent temporarily.

Global Reactions and Political Context

Governments worldwide have responded to the Supreme Court decision and Trump’s subsequent tariff announcement with a mix of caution and concern. German Chancellor Friedrich Merz plans to coordinate a European stance, while Hong Kong’s Christopher Hiu described the situation as a “fiasco.” Trump’s approval rating on economic issues has been declining, and Democrats have criticized the tariffs, accusing him of increasing the cost of living for Americans.


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