Are New Tariffs on Solid Legal Footing Under Section 122?

 

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President Trump is imposing new tariffs effective on Tuesday, February 24, under Section 122 of the Trade Act of 1974 (“Section 122”). The Section 122 tariffs replace the tariffs imposed under the International Emergency Economic Powers Act (“IEEPA”), and that the Supreme Court on Friday found unlawful. Does a solid legal footing exist for the Section 122 tariffs? Given the...

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Where things Stand After a Monumental Day on Tariffs

 

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February 20, 2026 started off with arguably the most economically significant Supreme Court ruling in living memory when the Court struck down the White House’s use of IEEPA authority for tariffs representing roughly half of collected tariff revenue over the last year. The day ended with executive orders from an undeterred White House laying out a course for its continued...

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Beyond the Court: Congress and the Future of Emergency Tariffs

 

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  President Trump is imposing new tariffs effective on Tuesday, February 24, under Section 122 of the Trade Act of 1974 (“Section 122”). The Section 122 tariffs replace the tariffs imposed under the International Emergency Economic Powers Act (“IEEPA”), and that the Supreme Court on Friday found unlawful. Does a solid legal footing exist for the Section 122 tariffs? Given...

POSTED IN Executive Orders, General, International Trade

Supreme Court, IEEPA and Where things Stand

 

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Way back on January 9, I logged into a SCOTUSblog chat group to hear that excellent team live-blog the announcement and delivery of Supreme Court opinions for the day. From the comments of other visitors, I wasn’t the only one joining to see if a decision on tariffs was forthcoming. Not by a long shot. Journalists, trade professionals, executives, and...

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