Trump’s tariffs are unlawful. In a 6-3 ruling, the Supreme Court issued a landmark decision clarifying that the power to impose taxes and tariffs rests solely with Congress and cannot be exercised unilaterally by the executive branch in times of peace.
In fact, the use of the 1977 International Emergency Economic Powers Act (IEEPA) to justify the tariffs has been declared unlawful, as this law does not authorise the President to impose customs tariffs for an indefinite period.
The ruling revokes the levies introduced in April 2025.
President Trump immediately took action, signing an executive order imposing new global 10% tariffs, which were then raised to 15% the following day. These new tariffs came into effect today.
Unlike the previous tariffs, these Section 122 tariffs are valid for up to a maximum of 150 days, unless Congress decides to extend them.
The ruling paves the way for potential claims for billions of dollars in refunds from importers who paid the duties that are now ruled to be unlawful. the Court has yet to establish the procedures for obtaining them.
Translation by Giles Foster
