Trump Imposes New 10% Broad Import Tariffs After Supreme Court Strikes Down Earlier Levies
Former U.S. President Donald Trump is rolling out a new 10 percent tariff on nearly all goods imported into the United States, implemented shortly after a U.S. Supreme Court ruling overturned the vast majority of import levies his administration put in place last year.
In an executive order signed Friday evening, Trump outlined a narrow set of exemptions to the new measure. Excluded imports include critical minerals, beef, fresh fruit, passenger vehicles, pharmaceuticals, and all goods originating from Canada or Mexico. The new tariffs are scheduled to go into effect on February 24, 2026.
During a press conference held earlier that same Friday, Trump reacted furiously to the Supreme Court’s decision, launching personal attacks against the six justices who ruled against his original trade framework. He called the group “a disgrace to our nation.” When a reporter asked why two of his own Supreme Court nominees—Neil Gorsuch and Amy Coney Barrett—voted to overturn the original tariffs, Trump doubled down, labeling both “an embarrassment to their families.”
Trump’s new tariff policy draws its authority from Section 122 of the 1974 Trade Act, a statute that allows the president to unilaterally impose immediate tariffs of up to 15 percent when the U.S. faces “large and serious” trade deficits. These new levies expire automatically after 150 days, unless Congress votes to extend the measure. Just like the administration’s previous use of the International Emergency Economic Powers Act (IEEPA) to justify tariffs, this application of Section 122 is unprecedented: no other U.S. president has ever invoked the statute for this purpose.
Even with the 150-day expiration window, legal experts note Trump could simply reissue new Section 122 tariffs repeatedly to keep the levies in place long-term. Alternatively, his administration can use the 150-day window to build support for other tariffs rooted in different legal authority, delivering the same policy outcome while switching legal justifications, according to Gregory Husisian, a partner and litigation attorney at Foley & Lardner LLP. The firm has assisted more than 100 companies in filing claims for tariff refunds from the earlier overturned levies. “Section 122 tariffs only apply for a limited time, so it’s really just a bridging authority,” Husisian explained.
Over the 150-day period, the Trump administration can also fast-track trade investigations tied to claims of national security risks or unfair foreign trade practices—required procedural steps to implement permanent tariffs under Section 301 and Section 232 of existing U.S. trade law. “We are also initiating several Section 301 and other investigations to protect our country from unfair trade practices of other countries and companies,” Trump said at the press conference, confirming his administration is pursuing these longer-lead tariff alternatives.
In a separate executive order, the administration confirmed that the de minimis import exemption will remain suspended, even after the Supreme Court struck down the original IEEPA-based tariffs. The de minimis rule previously allowed e-commerce packages valued under $800 to enter the U.S. without being taxed. When the exemption was ended last year, it triggered massive package processing backlogs at U.S. border crossings and drove up prices for consumers on low-cost online shopping platforms.
Trump did not offer clear guidance for companies seeking refunds on tariffs they paid under the now-overturned original levies. The Supreme Court’s ruling also did not specify whether or how those past tariff payments should be refunded. When asked about the issue by a reporter, Trump said he expected the question would be settled through litigation.
Experts speaking to WIRED note the refund process is likely to be messy and protracted. Companies will need to file individual claims and calculate how much compensation they believe they are owed, and the government is expected to push back on many of those calculations. Claims could take anywhere from a few months to more than two years to resolve.
The Supreme Court’s ruling made clear that while IEEPA grants the president broad authority during national emergencies, that power does not extend to imposing taxes. Trump repeatedly distorted the holding during his press conference. “But now the court has given me the unquestioned right to ban all sorts of things from coming into our country, to destroy foreign countries … but not the right to charge a fee,” Trump said. “How crazy is that?”
The press conference frequently veered off-topic into rants about unrelated issues, including Trump’s claim that Europe is “too woke” and his longstanding criticism of Federal Reserve Chair Jerome Powell. At one point, while discussing how the court interpreted the plain language of IEEPA, Trump abruptly began bragging about his own reading comprehension skills. “I read the paragraphs. I read very well. Great comprehension,” he said.
