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Supreme Court Strikes Down IEEPA Tariffs as Trump Unveils New Global Duty

The administration is shifting to Trade Act Section 122, which permits up to 15% tariffs for 150 days, while refund disputes and fresh legal tests are expected.

Overview

  • In a 6–3 decision written by Chief Justice John Roberts, the Court ruled the IEEPA does not authorize the president to impose broad import tariffs, limiting the ruling to Trump's sweeping 'reciprocal' duties.
  • Trump announced a temporary 10% across-the-board tariff under Section 122 and said existing measures under Sections 232 and 301 remain in force, with new 301 and other probes to follow.
  • Subsequent reporting indicated Trump raised the planned global tariff to 15% under the same Section 122 authority, a little-tested tool capped at 150 days and likely to draw litigation.
  • The justices left refunds to lower courts; economists estimate more than $170 billion collected under IEEPA-based tariffs could be contested for reimbursement.
  • Brazilian officials said the decision removes the 10% 'reciprocal' tariff and a 40% add-on that hit many Brazilian exports, though sectoral levies such as steel and aluminum under Section 232 remain.