In an executive order signed Friday evening, Trump outlined some exceptions, including imports of critical minerals, beef and fruits, cars, pharmaceuticals and products from Canada or Mexico. The new tariffs will be effective from February 24, 2026.
At a press conference Friday afternoon, Trump became angry at the Supreme Court’s decision and resorted to personal attacks, calling the six justices who ruled against his trade policies “a disgrace to our country.” Responding to a reporter’s question about how two justices he nominated, Neil Gorsuch and Amy Coney Barrett, voted for impeachment, Trump called them “an embarrassment to their families.”
The new trade policy is based on Section 122 of the Trade Act of 1974, which allows the President to single-handedly and immediately impose tariffs of up to 15 percent if there is a “large and serious” trade deficit. These tariffs only last for 150 days unless Congress authorizes an extension. Like the International Emergency Economic Powers Act (IEEPA), this statute has never been used in this way by a US President before.
Once the 150-day deadline approaches, it is possible for Trump to reimpose the Section 122 tariffs. But the administration could also use this time to craft other forms of tariffs, essentially changing the legal justification to achieve the same regulatory effects, says Gregory Hassian, a partner and litigation attorney at Foley & Lardner LLP, who has helped more than a hundred companies file requests for tariff refunds. “[Section 122 tariff] It’s for a limited period of time, so it’s going to be a bridge authority,” Husisian says.
Meanwhile, the Trump administration could accelerate the process of conducting trade investigations based on concerns of national security or unfair trade practices abroad, which is a requirement for launching Section 301 and Section 232 tariffs. “We are also initiating a number of Section 301 and other investigations to protect our country from the unfair trade practices of other countries and companies,” Trump said at the press conference, referring to these other tariff options.
In a separate executive order, the administration confirmed that even if the IEEPA tariffs are reversed, the de minimis exemption — which is used to exempt ecommerce packages worth less than $800 from the tax — will remain suspended. The expiration of de minimis last year led to massive package processing backlogs at the U.S. border, as well as price increases on budget shopping platforms.
At the press conference, Trump did not say what exactly would happen to companies seeking refunds on tariff payments. The Supreme Court’s decision did not specify whether the tariffs should be refunded. Responding to a reporter’s question on the topic, Trump said he expected the issue 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 they think they are entitled to receive. The government can then also impose pressure on the calculated amount. This process can last from a few months to more than two years.
The Supreme Court’s decision specified that the IEEPA gives the President significant power during emergencies, but noted that this power does not extend to taxation. At the press conference, Trump repeatedly tore apart the decision: “But now the court has given me the unquestionable authority to ban all kinds of things coming into our country, to destroy foreign countries… but not the authority to impose tariffs,” he said. “How crazy is that?”
Sometimes, the press conference devolves into a rant about issues unrelated to tariffs, such as how the president thinks Europe is too self-conscious or how much he hates Federal Reserve Chairman Jerome Powell. Speaking about how the court interprets the literal meaning of IEEPA, Trump suddenly started bragging about his reading-comprehension skills. He said, “I read the paragraph. I read it very well. Very good understanding.”
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