On Feb. 21, 2026, President Donald Trump announced his intent to pursue a global tariff of 15%. This would expand upon the 10% tax he had previously signed off on on Feb. 20, invoking Section 122 of the 1974 Trade Act to bypass Congress.
Trump’s renewal of his tariff initiative came only moments after a Supreme Court ruling shut down his previous wave of taxation from over the summer
Supreme Court justices were initially involved in the tariff debate when they granted the Learning Resources, Inc. vs. Trump case a hearing in September of 2025. The case would call into question the president’s usage of the International Emergency Economic Powers Act (IEEPA), which was utilized to impose unprecedented tariffs on dozens of countries’ exports. Inevitably, these actions raised the operating costs of many businesses, among which was Learning Resources Inc.
On Feb. 20, SCOTUS justices announced a 6-3 majority in favor of Learning Resources Inc. In his majority opinion statement, Chief Justice John Roberts argued that the IEEPA granted the president the power to regulate American importation and exportation, but never cleared the usage of tariffs.
“While taxes may accomplish regulatory ends, it does not follow that the power to regulate includes the power to tax as a means of regulation. Indeed, when Congress addresses both the power to regulate and the power to tax, it does so separately and expressly,” Roberts would further elaborate.
President Trump ripped the court’s decision, labeling the majority justices a “disgrace” to America, saying he was “ashamed of certain members of the court . . . for not having the courage to do what’s right for our country.”
Trump’s reaction comes as little surprise, considering two of the associate justices who shut down his tariffs are Neil Gorsuch and Amy Coney Barrett, both of whom were nominated by Trump himself. Their collaboration with liberal justices like Ketanji Brown Jackson and Sonia Sotomayor suggests the court’s ruling to be less politically motivated than some may be led to believe.
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Although a 10% and potentially 15% tariff will negatively impact Americans’ wallets, this new wave serves only as a replacement for the tariffs overruled by the Supreme Court. As such, the Americans shouldn’t expect to see major change from this new batch of taxes.
What many Americans remain unsure about, however, is the scope of the president’s powers moving forward. Despite the Supreme Court’s ruling, President Trump has managed to keep his tariff initiative afloat without a week’s pause or Congress’s approval. As the second year of the Trump administration continues, the public can only wait to see how the president, government and courts will work towards a better America.
