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Supreme Court Nixes IEEPA Tariffs as White House Sets 15% Temporary Surcharge

The 6–3 decision forces the White House to pivot to narrower, time-limited trade laws.

Overview

  • Chief Justice John Roberts, writing for the majority, said IEEPA does not authorize tariff powers and requires clear congressional approval for such sweeping economic actions.
  • The ruling strikes down Trump’s near‑global “reciprocal” and fentanyl‑related tariffs under IEEPA but leaves in place duties imposed under other statutes.
  • Within hours the administration invoked Section 122 to replace the invalidated levies, first at 10% and then at 15%, a surcharge that can run for up to 150 days.
  • Officials signaled parallel use of Section 301 and Section 232 authorities for targeted measures, a slower path likely to face more process and legal scrutiny.
  • Refunds for previously collected IEEPA tariffs remain unresolved, with estimates of potential paybacks well over $100 billion and implementation expected to flow through CBP and the trade courts.