President Trump defied a Supreme Court ruling by immediately escalating his worldwide tariff from 10% to 15%, marking the first time any president has invoked a dormant 1974 law to impose sweeping trade duties while praising dissenting justices and vowing continued action against nations he says have exploited America for decades.
Story Snapshot
- Trump raised a new 10% global tariff to 15% within hours after the Supreme Court struck down his emergency trade powers on February 20, 2026
- The President invoked Section 122 of the Trade Act of 1974, a previously unused authority allowing 15% tariffs for 150 days to address trade deficits
- Supreme Court ruled 6-3 that Trump’s prior emergency tariffs under IEEPA were illegal, potentially requiring billions in refunds to companies
- Trump praised the three dissenting justices and announced plans for additional “legally permissible” tariffs targeting countries he claims are “ripping off” the United States
Trump Invokes Unprecedented Trade Authority After Court Loss
President Trump signed an executive order on February 21, 2026, invoking Section 122 of the Trade Act of 1974, a provision no president has ever used since its enactment over fifty years ago. The statute permits up to 15% tariffs for 150 days to address balance-of-payments deficits without declaring a national emergency. Within hours of announcing a 10% worldwide tariff via executive order, Trump posted on social media raising the rate to the maximum 15% “effective immediately,” calling out nations for unfair trade practices that have harmed American workers and industries.
Supreme Court Blocks Emergency Tariff Powers
The Supreme Court delivered a 6-3 ruling on February 20, 2026, striking down Trump’s use of the International Emergency Economic Powers Act to impose broad tariffs on imports including apparel and food. The majority held that the President exceeded constitutional limits on executive trade authority by declaring an economic emergency to bypass congressional oversight. The decision potentially obligates the federal government to refund billions of dollars already collected from importers under the invalidated tariff regime, creating uncertainty for companies navigating supply chain disruptions and legal battles over duties paid.
150-Day Window Creates Legislative Pressure
Section 122 imposes a strict 150-day limit on the 15% tariffs, requiring congressional approval for any extension beyond that window. Trump’s move puts pressure on lawmakers to either endorse his trade policies or face accusations of abandoning American manufacturers and workers. The President signaled his intent to pursue additional tariff actions through “new and legally permissible” measures, suggesting alternative statutory pathways or legislative proposals to sustain his America First trade agenda. This strategy reflects his ongoing commitment to correcting decades of trade imbalances he attributes to globalist policies that prioritized foreign interests over domestic prosperity.
Trade analysts warn the unprecedented invocation of Section 122 creates a “constant state of uncertainty” for businesses dependent on predictable import costs and regulations. Economic modeling by Yale Budget Lab projects the tariffs could generate approximately $1.2 trillion in revenue over the 2026-2035 period but will elevate consumer prices by an estimated 0.6% in the short term, with metals, electronics, and vehicles facing the steepest increases. For hardworking American families already squeezed by years of Biden-era inflation and fiscal mismanagement, these price hikes represent yet another burden stemming from longstanding trade policies that allowed foreign competitors to undercut domestic producers.
President Praises Dissenting Justices, Signals Continued Fight
Trump lavished praise on the three Supreme Court justices who dissented from the majority opinion, commending their recognition of executive authority to protect American economic interests from predatory trade practices. His social media posts framed the 15% tariff as operating at “the fully allowed and legally tested” level, though legal scholars note the Supreme Court did not explicitly validate Section 122 in its ruling. Trump’s defiant tone resonated with his conservative base, who view aggressive trade action as essential to reversing decades of deindustrialization and job losses caused by unfair competition from China and other nations that manipulated currency and violated trade norms.
Trump Raises the Amount of New 'Worldwide Tariff,' Lavishes Praise on Dissenting Justiceshttps://t.co/D1KQHaG037
— RedState (@RedState) February 21, 2026
The White House has not clarified whether the 15% rate applies retroactively or only to goods entering after the announcement, leaving importers and customs officials scrambling for guidance. Trump’s tariff escalation builds on his first-term trade wars and his 2025 executive orders targeting China, including hikes to de minimis exemptions from 90% ad valorem to 120% and raising per-item thresholds to $100. His willingness to challenge judicial constraints reflects a broader commitment to using every available legal tool to defend American sovereignty and economic independence, principles that resonate deeply with voters frustrated by globalist elites who prioritized international agreements over national interests and constitutional governance.
Sources:
Trump Raises the Amount of New ‘Worldwide Tariff,’ Lavishes Praise on Dissenting Justices
State of US Tariffs: February 20, 2026





