Trump Tariffs News: Supreme Court Ruling & New 10% Duty

When the Supreme Court delivers a 6-3 ruling that strikes down the president’s tariff authority, the tremors are felt from boardrooms to kitchen tables. Within hours of the February 20, 2026, decision, President Trump pivoted to a new legal basis for tariffs — a sweeping 10 percent global duty under Section 122 of the Trade Act of 1974.

Countries targeted by new tariffs: All (global 10%) ·
Tariff rate: 10% ·
Supreme Court action on previous tariffs: Struck down IEEPA-based duties ·
Key enforcement rationale: Forced labor concerns (Section 301 investigations)

Six key facts, one pattern: the legal foundation for tariffs keeps shifting, and each shift creates a new set of winners, losers, and question marks.

What did Trump do to tariffs?

Previous tariff actions (2018-2020)

• Trump imposed tariffs on China and other nations under the International Emergency Economic Powers Act (IEEPA), citing national security and trade imbalances. These duties covered thousands of products and escalated into a broad trade war.
• The Federal Circuit in August 2025 ruled that IEEPA did not authorize such a tariff program, a decision that set the stage for Supreme Court review (Holland & Knight analysis).

Supreme Court ruling on earlier duties

• On February 20, 2026, the Supreme Court held that IEEPA does not authorize the president to impose tariffs. The 6-3 opinion, authored by Chief Justice John Roberts, affirmed the Federal Circuit’s reasoning (U.S. Supreme Court slip opinion).
• The Court declared that tariff authority belongs to Congress or statutes that clearly delegate such power. The ruling effectively invalidated the entire IEEPA-based tariff regime (SCOTUSblog case page).

The implication: The Supreme Court didn’t kill tariffs; it killed the IEEPA pathway. The new Section 122 route keeps tariffs alive but on a much shorter leash.

Are Trump tariffs still in effect?

Status of previous tariffs

• The IEEPA-based tariffs that Trump imposed from 2018-2020 were struck down by the Supreme Court. They are no longer in effect, though the legal process for refunds of already-collected duties is complex and case-specific (Holland & Knight analysis).
• SCOTUSblog reported that the judgment in one of the consolidated cases was vacated and remanded with instructions to dismiss for lack of jurisdiction (SCOTUSblog case page).

New tariff announcements

• Within hours of the ruling, President Trump announced a new 10 percent global tariff on all countries under Section 122 of the Trade Act of 1974. (Holland & Knight analysis)
• Holland & Knight reported that this announcement had not yet been backed by a written executive order at the time of its publication, leaving some legal ambiguity.

Why this matters: The current tariffs are temporary and uniform, not the targeted, long-term duties of the earlier era. Businesses cannot plan around a measure that expires in five months.

How much are Trump’s new tariffs?

Tariff rates and scope

• The new tariff is a flat 10% on all imports from all countries, applied uniformly as required by Section 122 (Council on Foreign Relations analysis).
• The administration also said it would launch country-specific investigations under Section 301 of the Trade Act of 1974, which could lead to additional, higher tariffs on select nations alleged to use forced labor. (Holland & Knight analysis)

Comparison to previous tariffs

• The old IEEPA tariffs ranged from 7.5% to 25% on specific product categories from China and other countries, often exceeding the new 10% flat rate.
• The Section 122 tariff is temporary — maximum 150 days unless Congress votes to extend it (Council on Foreign Relations analysis).

The pattern: The new tariff is simpler and lower than the previous regime, but its temporary nature means it functions more as a bargaining chip than a structural trade policy.

Will toilet paper be affected by tariffs?

America imports a significant share of its toilet paper from Canada — a country now subject to the 10% global tariff. While domestic production exists, supply constraints could lead to price increases or shortages.

• Analysts point out that Canadian mills supply a large portion of the US market for tissue products. Any import tariff raises costs for retailers, which may be passed to consumers.
• However, the Section 122 tariff is uniform and temporary; whether it leads to noticeable shelf-price changes depends on how quickly importers adjust supply chains.

“US president Donald Trump has announced plans for more sweeping tariffs of between 10 per cent and 12.5 per cent on 60 countries.”

BreakingNews.ie (initial report, pre-ruling)

What this means: For everyday goods like toilet paper, the impact is uncertain. Tariffs raise the floor on input costs, but the 150-day horizon may not be long enough to trigger permanent price adjustments.

How did the Supreme Court rule on Trump’s tariffs?

Key aspects of the ruling

• The Court held that IEEPA does not authorize the president to impose tariffs. The opinion explicitly states: “IEEPA does not authorize the President to impose tariffs.” (U.S. Supreme Court slip opinion)
• Chief Justice John Roberts authored the 6-3 opinion, with the consolidated cases being Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections (SCOTUSblog case page).

Impact on tariff enforcement

• The ruling dramatically limits the president’s ability to impose tariffs unilaterally using emergency powers. Future tariff actions must find a statutory basis that clearly delegates tariff authority (Holland & Knight analysis).
• Importers who paid IEEPA-based duties may have a path to seek refunds, but Holland & Knight warned that the process “would likely be complex” and no refund mechanism is automatic.

The implication: The ruling rebalances tariff power toward Congress. Any lasting tariff policy will need legislative backing, turning trade into a political negotiation rather than an executive order.

Timeline: Trump tariffs and the Supreme Court

• 2018-2020: Trump imposes IEEPA-based tariffs on China and other nations. (Holland & Knight analysis)
• August 2025: Federal Circuit rules IEEPA does not authorize the tariff program (Holland & Knight analysis).
• February 20, 2026: Supreme Court affirms in a 6-3 decision (SCOTUSblog case page).
• February 20, 2026 (hours later): Trump announces 10% global Section 122 tariff and Section 301 investigations (NBC News coverage).
• Through ~July 2026: Section 122 tariffs remain in effect unless extended by Congress (Council on Foreign Relations analysis).

What remains confirmed — and what’s unclear

Expert perspectives on the tariff shift

“The US Supreme Court struck down many of US President Donald Trump’s previous duties, limiting the executive’s unilateral tariff powers and sending the administration scrambling for a new legal basis.”

BBC News summarising the ruling

“President Trump has ordered a slate of import tariffs, throwing the global economy into a state of uncertainty.”

Reuters report on the initial 60-country plan

These assessments from major news outlets underscore how the whipsaw between judicial rejection and executive action leaves trading partners and businesses without a stable foundation for planning.

Summary: What the tariff battle means for you

The post-Supreme Court tariff landscape is a paradox: tariffs are narrower in scope and shorter in duration than before, but the speed of the administration’s pivot shows how quickly trade policy can change. For companies importing goods, the immediate task is to prepare for a possible 10% surcharge that could last five months — or become permanent if Congress acts. For consumers, the biggest unknowns are how much of the tariff will be passed along as higher prices and whether essential goods like toilet paper will see supply disruptions. For policymakers, the message from the Court is clear: executive tariff authority has limits, and the next move belongs to Congress.

Following the Supreme Court’s decision, CBP halts IEEPA tariffs as the administration pivots to a new 10% global duty under Section 122.

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