Trump Imposes New Tariffs to Sidestep Supreme Court Ruling

President Trump is adding a new 10 percent tariff on nearly all imports to the United States, after a Supreme Court ruling that wrapped up most of the charges imposed by the US government last year.

In a executive order signed Friday night, Trump outlined a few exceptions, including imports of critical minerals, meat and fruit, cars, pharmaceuticals, and products from Canada or Mexico. The new rates take effect on February 24, 2026.

In a press conference Friday afternoon, Trump was fired up about the Supreme Court's decision and resorted to personal attacks, calling the six justices who ruled against his trade policies “a disgrace to our nation.” In response to a reporter's question about how two of the justices he nominated, Neil Gorsuch and Amy Coney Barrett, voted for the reversal, Trump called them “an embarrassment to their families.”

The new trade policy is based on Section 122 of the 1974 trade law, which allows the president to impose tariffs of up to 15 percent only and immediately if there are “large and serious” trade deficits. These tariffs only last for 150 days unless Congress authorizes an extension. Like the International Emergency Economic Powers Act (IEEPA), the statute has never before been used by a US president in this way.

Once the 150-day deadline approaches, it is possible for Trump to reissue Section 122 tariffs. But the administration could also use that time to prepare other forms of tariffs, essentially switching from legal justifications to get the same regulatory effects, says Gregory Husisian, a partner and litigation attorney at Foley & Lardner LLP, who has helped more than a hundred companies file tariff waiver applications. “[Section 122 tariff] is for a limited period, so it will be a bridge authority,” says Husisian.

In the meantime, the Trump administration could speed up the process of conducting trade investigations based on concerns about national security or unfair trade practices abroad, which are a requirement for launching Section 301 and Section 232 tariffs. “We are also initiating several Section 301 and other investigations to protect our country from unfair trade practices by other countries and companies,” Trump said at the press conference, referring to these other tariff options that are taking longer to launch.

In a separate executive order, the administration confirmed that despite IEEPA rates being reversed, the de-minimis exemption—which is used to exempt e-commerce packages under $800 in value from tax—remains suspended. The end of the de minimis last year caused massive package processing delay at the American border as well as price increases on budget shopping platforms.

At the press conference, Trump did not specify what exactly would happen companies seeking refunds on their rate payments. The decision of the Supreme Court did not indicate whether and how the rates should be refunded. Answering a reporter's question on the subject, Trump said he expected the matter to be litigated in court.

Experts tell WIRED that they expect the refund process to be messy and lengthy, as it may require companies to file complaints and calculate the amount of money they believe they are entitled to receive. The government could therefore push back on the calculated amount. The process can take anywhere from a few months to more than two years.

The Supreme Court decision specified that the IEEPA gives the president significant power in emergencies, but noted that this power does not extend to taxation. Trump, at the press conference, twisted the ruling several times: “But now the court has given me the indisputable right to ban all kinds of things from coming into our country, to destroy foreign countries … but not the right to charge a fee,” he said. “How crazy is that?”

At times, the press conference turned into a rant about issues unrelated to rates, such as how the president thinks Europe is too awake or how much he likes Federal Reserve Chairman Jerome Powell. Speaking about how the court interprets the literal meaning of the IEEPA, Trump suddenly started bragging about his reading comprehension skills. “I read the paragraphs. I read very well. Great understanding,” he said.