Updated
Updated · PubAffairs Bruxelles · May 28
US Trade Court Voids Trump's 10% Global Tariffs, Prompting Appeal
Updated
Updated · PubAffairs Bruxelles · May 28

US Trade Court Voids Trump's 10% Global Tariffs, Prompting Appeal

11 articles · Updated · PubAffairs Bruxelles · May 28
  • The Court of International Trade struck down Trump's blanket 10% tariff on imports from nearly every country, ruling against one of the broadest pillars of his second-term trade push.
  • The decision followed earlier judicial resistance to Trump's tariff strategy, with courts finding he exceeded authority under the 1977 emergency-powers law and overreached again under Section 122 of the 1974 Trade Act.
  • The administration has already appealed and says it will pursue other routes to preserve tariffs, while also opening unfair-trade proceedings against 16 countries.
  • The ruling clouds a tariff campaign that Trump has used to press partners into major investment pledges, including Japan's $550 billion commitment and South Korea's $350 billion package tied to lower tariff rates.
With courts striking down tariffs, how can global businesses navigate America’s unpredictable trade policies?
What guarantees exist for nations investing billions in the US when tariffs can be reimposed anytime?
If tariffs aim to cut the trade deficit, why might massive foreign investment actually make it wider?

$170 Billion Tariff Refunds? Supreme Court and CIT Rulings Redefine U.S. Trade Authority in 2026

Overview

In early 2026, the U.S. Supreme Court ruled that President Trump’s broad tariffs were illegal, removing his ability to use the International Emergency Economic Powers Act (IEEPA) for tariffs. This led the administration to terminate all IEEPA-based tariffs and opened the door for potential refunds on billions collected. In response, President Trump tried to impose new global tariffs using Section 122 of the Trade Act of 1974, but these too faced legal challenges. The courts’ decisions have limited the president’s trade authority, increased uncertainty for businesses, and highlighted Congress’s primary role in setting U.S. tariff policy.

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