How Trump may force tariffs after Supreme Court setback

Medora Lee, USA TODAY

Sat, February 21, 2026 at 7:46 AM GMT+9 3 min read

President Donald Trump’s determined to implement tariffs despite a Supreme Court ruling on Feb. 20 striking down the president’s emergency tariffs from last year.

Trump announced on social media he had signed off on 10% tariffs worldwide, to replace the ones the Supreme Court overturned. At a news conference, the president cited the 1974 Trade Act for the 10% tariffs rather than the 1977 International Emergency Economic Powers Act, which the high court ruled he wasn’t authorized to use.

And that’s just to start. Trump vowed to use other methods to implement tariffs. “We’re going to keep going,” he said.

But how can the president keep going?

“The president still has multiple legal authorities that can recreate much of the tariff agenda that has, in practice, built a new wall around the U.S. as the average weighted tariff rate moved from roughly 3% to above 15% over the last year,” said Drew DeLong, head of Geopolitical Dynamics at Kearney, a global strategy and management consulting firm, in emailed commentary.

Below is a rundown of paths analysts said the president may take to implement more tariffs.

U.S. President Donald Trump, flanked by Secretary of Commerce Howard Lutnick and Solicitor General D. John Sauer, holds a press briefing at the White House, following the Supreme Court’s ruling that Trump had exceeded his authority when he imposed tariffs, in Washington, D.C., U.S., February 20, 2026. REUTERS/Kevin Lamarque TPX IMAGES OF THE DAY REFILE - CORRECTING MONTH

Justice Kavanaugh’s suggestions

Supreme Court Justice Brett Kavanaugh “explicitly pointed to the Trade Expansion Act of 1962 (Section 232), the Trade Act of 1974 (Sections 122, 201, and 301), and the Tariff Act of 1930 (Section 338),” DeLong said.

Here’s what those are:

Trade Act of 1974 (Sections 122, 201, and 301)

Section 122 allows up to a 15% tariff to address large trade imbalances and is what Trump said he would sign on Feb. 20 except that he opted for 10%, instead of 15%. But these expire after 150 days.

Section 201 allows the president to impose tariffs if there’s a surge in imports that causes a substantial threat to a U.S. industry.

Section 301 allows the U.S. to impose tariffs if a trading partner is determined to be violating trade agreement commitments or engaging in discriminatory or unreasonable practices that burden or restrict U.S. commerce. Section 301 offers a broad range of remedies and does not cap tariff levels, but it requires a formal investigative process and findings before action can be taken, the Council of Foreign Relations said.

Trade Expansion Act of 1962

The Trade Expansion Act of 1962 (Section 232) allows the president to impose restrictions on goods imports if they threaten U.S. national security.

Section 232 allows the president to impose tariffs deemed to threaten U.S. national security, following an investigation and recommendations by the secretary of commerce, CFR said. Trump stated that existing 232s would remain “in full force.”

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Other options include Tariff Act of 1930

Section 338 of the Tariff Act of 1930 authorizes the president to impose tariffs of up to 50% of a good’s value on imports from countries that unreasonably discriminate against U.S. trade through tariffs, regulations, or other measures.

Which paths are likely?

“My best guess for where we go after the 150 days of Section 122 expires is an attempt to enact Section 338, as it allows for tariff rates up to 50%,” DeLong said. “There will be similar questions on legal validity of this mechanism, but it is the cleanest path for the Administration to recreate its tariff agenda with similar constructs. In the event they choose to go the legally solidified path, Section 301s would likely be the tool of choice – but 100+ investigations stretching six months would be a tall task.”

What about Trump’s trade deals?

Some analysts expect trade deals Trump struck last year with various countries to remain intact.

“Trading partners that have already negotiated agreements are unlikely to unwind them, and existing tariffs under Sections 232, 201, and 301 remain unaffected,” said Stifel’s Chief Washington Policy Strategist Brian Gardner.

In the end, he said “despite the Court’s rebuke, the new tariff framework is likely to endure, raising the question of how much actual relief businesses will see – probably not much.”

Medora Lee is a money, markets, and personal finance reporter at USA TODAY. You can reach her at mjlee@usatoday.com and subscribe to our free Daily Money newsletter for personal finance tips and business news every Monday through Friday.

This article originally appeared on USA TODAY: How Trump may keep tariffs alive after Supreme Court ruling

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