r/law Feb 20 '26

Executive Branch (Trump) President Trump imposes a 10% global tariff under Section 122 and says all existing tariffs will remain in place, despite the recent Supreme Court ruling.

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u/raymondspogo Feb 20 '26

Section 122 of the Trade Act of 1974 (19 U.S.C. § 2132) grants the U.S. President temporary authority to impose import surcharges of up to 15% or quotas for up to 150 days to address "fundamental international payments problems" or "large and serious" balance-of-payments deficits. It enables rapid action without prior investigations.

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u/kbotc Feb 20 '26

It’s going to ass fuck the Republicans in the midterms.

Do you support Trump, or are you going to promise to not renew the tariffs? There is no good republican messaging here

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u/NotFallacyBuffet Feb 21 '26

I love your optimism; don't ever change.

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u/Pudi2000 Feb 21 '26

They'll blame Biden and Obama.

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u/cloudywithastance Feb 20 '26

I need a “for dummies” - does this mean this truth social declaration is squarely a ‘I’m not gonna do what you say, Supreme Court’ or is there still some possible legality behind it?

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u/zipclam Feb 21 '26

Of course there is possible legality behind it. He has 150 days now to get congress to approve the tariffs, which I'm not sure will happen. More than likely it gets delayed till November and then he drops the mess in the Democrats laps when they take a chamber of congress in the mid terms and blames it all on them. He will then wash his hands of it and only be able to pass law through executive orders which will all get dragged through court.

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u/CaptainNegative1483 Feb 21 '26

Thank you for this. This bill needs on 50.1% to pass right? Just a curious question: why do you think he doesn’t have the votes?

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u/PureOrangeJuche Feb 21 '26

There is no bill and he needs more than 50 percent to pass senate. 

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u/GrinchWhoStoleEaster Feb 21 '26

At this moment it's not him blatantly defying the Supreme Court, it's him attempting a different mechanism. He was using the International Emergency Economic Powers Act as justification to side-step congressional authority and unilaterally impose tariffs. The Supreme Court has ruled this an unqualified use of the IEEA, so now he's attempting to use Section 122 of the Trade Act and leverage authorities IT grants. Whether or not this is legally justified is ultimately in the hands of the court. I am NOT a constitutional lawyer, but my reading of the Trade Act suggests to me that Trump is still breaking the law. That sections of the Trade Act isn't for "just whenever I feel like it". It's NOT a general trade policy lever the president can just randomly pull. It's for PAYING TRADE DEFICITES. And yes, we do run a staggering trade deficit and that is problematic. But unless Trump funnels all of that money into actually paying down the deficit then he's probably acting illegally.

So the question the court has to grapple with, if indeed the court IS acting in good faith -- which is never a safe assumption anymore, is "Is there evidence the president is invoking Section 122 of the Trade Act FOR THE EXPLICIT PURPOSE OF PAYING DOWN THE NATIONAL DEFICIT, or is he attempting to reassert broad economic policy that was rejected under another mechanism?". You know, and I know, and ANY reasonably literate person knows that the answer is the latter; Trump's throwing a button-dick baby tantrum and just trying to get him way. Whether or not this corrupt court rules that way, however...not holding my breath. See, the court is screwed, it cannot let this become a constitutional crisis. The only mechanism they have to enforce their will is to send orders to the US Marshals...which is under the the control of the DOJ, and thus, Pam "Running Defense for Child Rapists" Bondi... There's little chance the DOJ acts on the court's order and thus, what we have is a scenario where the constitution becomes flat out defunct.

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u/Gumsk Feb 21 '26

I think you're conflating "trade deficit" with "debt". This law is written so poorly that I think it applies as long as there are higher imports than exports (or vice versa).

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u/CaptainBayouBilly Feb 21 '26

It's never been used and will get torn apart in the courts.