Trump Pushes New Tariffs After Supreme Court Strikes Down His Old Ones

The Trump administration is back at it, trying to resurrect its failed tariff regime with a new round of import taxes designed to bypass the Supreme Court’s recent rebuke. In February, the high court struck down Trump’s sweeping tariffs imposed under the International Emergency Economic Powers Act, ruling that he had overstepped his authority. That decision forced the government to refund billions to importers and threatened to drain a revenue stream that had brought in $166 billion.

Not to be deterred, the administration quickly slapped on temporary tariffs under Section 122 of the Trade Act of 1974, which allows up to 15% global tariffs for a limited 150-day period. But those stopgap measures expire this summer, and Congress shows little appetite for extending what effectively amounts to a hidden tax on American consumers already squeezed by inflation.

Now, the Office of the U.S. Trade Representative is launching two investigations under Section 301 of the same 1974 law. One targets imports from 60 countries accounting for 99% of U.S. imports, probing whether forced labor taints their goods. The other focuses on 16 major trading partners, including China, the European Union, and Japan, accusing them of flooding markets with cheap goods that undercut U.S. manufacturers.

U.S. Trade Representative Jamieson Greer insists these probes won’t prejudge outcomes, but skepticism runs high. Treasury Secretary Scott Bessent and President Trump have already signaled the investigations will justify new tariffs, with Trump boasting they “are going to get us more money.” Critics see this as a transparent effort to replicate the rejected tariffs under a different guise.

Legal experts warn these new tariffs will face court challenges, but Section 301 tariffs have a stronger track record of withstanding judicial scrutiny. Unlike the IEEPA tariffs, Section 301 tariffs have no fixed cap and can be extended beyond four years. This gives the administration a durable tool to impose protectionist measures despite the Supreme Court’s intervention.

The stakes are high. Trump’s tariff wars have already contributed to economic chaos, trade retaliation, and higher consumer prices. With midterm elections looming and public anger over inflation mounting, pushing through more tariffs risks deepening economic pain for everyday Americans while rewarding corporate cronyism and political posturing.

In short, the administration’s tariff gambit is less about fair trade and more about shoring up political and fiscal priorities at the expense of the public. We’ll be watching closely as this latest chapter unfolds, exposing the ongoing damage wrought by Trump’s reckless trade policies.