Trump’s post cites Section 122 of the Trade Act of 1974, a provision that permits the president to apply temporary duties for up to 150 days. Any extension beyond that window requires explicit congressional approval. The statute does not stipulate how quickly such tariffs must be implemented once announced, but it does require public notice and an opportunity for affected parties to comment when feasible.
The president’s decision followed a 6-3 ruling by the Supreme Court on Friday that invalidated previous duties imposed under the International Emergency Economic Powers Act (IEEPA). The majority opinion, authored by Chief Justice John Roberts and joined by Justices Neil Gorsuch and Amy Coney Barrett, held that the IEEPA does not grant authority to levy broad-based import taxes absent a clear national emergency directly tied to the goods in question. The ruling represents one of the sharpest judicial rebukes of presidential trade authority in recent memory. (Full text of the decision is available on the Supreme Court’s official website.)
Trump responded to the decision with harsh language on social media, calling the opinion “ridiculous, poorly written, and extraordinarily anti-American.” He also singled out Gorsuch and Barrett, both of whom he nominated to the bench, accusing them of ignoring what he described as decades of unfair trade practices by U.S. partners.
Reaction on Capitol Hill fell largely along party lines. Senate Minority Leader Chuck Schumer said in a written statement that the ruling confirmed “chaotic and illegal” policymaking by the administration. House Democratic leaders pledged close oversight of any new duties, stressing the potential impact on consumer prices. Republican lawmakers were more divided. Several praised Trump’s determination to confront trading partners but questioned whether Congress should have a greater role in setting tariff policy. Others criticized the Supreme Court’s reasoning, arguing that the president must retain flexibility to protect American industries.
Financial markets initially rallied on Friday in the minutes after the Court’s decision, with some investors betting that the ruling could ease tensions with major trading partners and reduce input costs for U.S. manufacturers. The bounce faded during afternoon trading before equities recovered again toward the close. Analysts said the prospect of higher tariffs could inject fresh volatility in coming sessions, particularly for sectors that rely heavily on imported components.
Another unresolved issue involves potential refunds of duties already paid under the invalidated IEEPA tariffs. Trade lawyers estimate the government could be liable for more than $175 billion in reimbursements to importers if claims are processed in full. The Treasury Department has yet to issue guidance on refund procedures, and several large retailers and automotive manufacturers have signaled they will petition for repayment.
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Economists remain divided over the broader effects of the escalating levy. Supporters of the measure argue that a uniform tariff simplifies customs administration and encourages domestic production. Critics contend that the surcharge functions as an across-the-board tax on consumers, raising prices and complicating supply chains already strained by lingering logistics disruptions.
The timing of the announcement sets the stage for heightened scrutiny during Trump’s upcoming State of the Union address, scheduled for Tuesday evening before a joint session of Congress. The speech was already expected to emphasize trade, manufacturing, and economic resilience ahead of November’s midterm elections. Political strategists from both parties anticipate that tariffs—and their consequences for inflation and job growth—will feature prominently in campaign messaging.
In the interim, importers face an uncertain landscape. Customs brokers said they are advising clients to prepare for the higher 15 percent rate on shipments arriving at U.S. ports and border crossings, but noted that official instructions have not yet been disseminated by U.S. Customs and Border Protection. Freight already in transit may be subject to the new levy if the administration issues formal notice before the merchandise clears customs inspection, an outcome that could hinge on how quickly regulatory paperwork is finalized.
Trade associations representing agriculture, technology, and consumer electronics sectors have urged the White House to provide clear implementation timelines to minimize disruption. Some groups are also calling for targeted exclusions or product-specific waivers, mechanisms that existed under previous rounds of tariffs but have not yet been addressed in the current framework.
As the administration works to translate the president’s directive into binding regulations, legal experts expect additional court challenges, particularly if the new duties remain in place beyond the 150-day limit without congressional action. For now, businesses must navigate an evolving policy environment in which tariff rates and refund eligibility could shift again in a matter of weeks.
Crédito da imagem: Kevin Dietsch | Getty Images News
