In a landmark decision that will have worldwide trade and legal implications, the US Supreme Court today struck down US President Donald Trump’s use of so-called “reciprocal” trade tariffs, finding them unconstitutional and out of the power of the presidency.
And while the High Court struck down Trumps’ use of reciprocal tariffs under the International Emergency Economic Powers Act of 1977 (IEEPA), the president said in a midday news conference that he has plans to utilize other “trade measures under Section 122 and section 301”, which he says will require individual trade policy measures as well as investigations of countries that he says “have been treating the US very badly.”
Calling today’s 6-3 Supreme Court decision, “deeply disappointing” and “a disgrace,” and also citing the $300 billion in 2025 the US has received under tariff programs, and may have to pay back, Trump said, “I am allowed to cut off any and all trade with specific countries, but I can’t charge them one dollar,” he said. “It doesn’t matter,” he added, “because we have very powerful alternatives.”
Trump plans to sign an executive order immediately, instituting a 10 percent global tariff under section 122 as well as conduct several new investigation under section 301. These measures he said, which could go into affect within three days, will take longer (about 1 year) to see benefits than tariffs under the IEEPA
“While the court didn’t intend to do so, the decision made the president’s authority more powerful rather than less,” Trump added. “There is no longer any doubt, incomes will increase because of this decision. The Supreme Court didn’t over-rule tariffs, just the specific way of collecting fees.”
Chief Justice John Roberts wrote today’s controversial dissenting opinion, striking down the use of the universal tariffs, finding their use constituted a tax that falls exclusively under the purview of the US Congress and not the US president.
While reciprocal tariffs were over-ruled, existing Section 232 steel and aluminum tariffs of 25 percent, implemented in March 2025, and later doubled to 50 percent in June, will remain in place, market insiders told SteelOrbis.
Kevin Dempsey, president and CEO of the American Iron and Steel Institute (AISI), said on Feb. 13 that the US needs to maintain the Section 232 tariffs, referring to them as a “national security asset.”
“It is critical that the US. government maintain the Section 232 national security steel tariffs," Dempsey said. “Steel is not just a commodity, it is a national security asset. Due to massive foreign government subsidies and other trade-distorting policies, global overcapacity in the steel industry is currently estimated by the [Organization for Economic Cooperation and Development] at 680 million metric tons and is expected to continue to grow exponentially ― to as high as 721 million metric tons by 2027.”
Dempsey continued, "The Section 232 steel tariffs imposed by President Trump are essential to prevent this overcapacity from fueling new surges of harmful imports into the US. market, which would cause a profound threat to American national security and undermine the health of the American steel industry.”
According to Robert's opinion, he argued that the power to “regulate importation” does not authorize the president to set unlimited tariffs, emphasizing that the imposition of tariffs is a core power of Congress.
"The President asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope," Roberts said in his dissenting opinion. "In light of the breadth, history, and constitutional authority, he must identify clear congressional authorization to exercise it." He continued, "We hold IEEPA does not authorize the president to impose tariffs."
In 2025, media reports estimate the US government collected a combined $264-287 billion in customs duties and tariffs, driven by significantly increased trade levels. Recent reports estimate revenues from Section 232 tariffs as of summer 2025 were about $89 billion.
In April 2025, President Trump declared a "national emergency" due to ongoing worldwide trade deficits, citing a lack of reciprocity, unfair trade barriers, and threats to the economic security of the United States, implementing IEEPA. It imposed a baseline 10 percent tariff on goods from almost all countries, effective April 5.
When asked about the potential refund of up to $175 billion in tariff revenues, Trump said in today’s news conference, “We’ve taken in hundreds of billions in revenues, and you’d think the court would have addressed this in their decision. They didn’t even talk about it,” he said. “How crazy is that? I guess we’ll end up being in court for the next five years,” he said.
“We’ve taken the uncertainty of tariffs out,” Trump said in conclusion. “The bottom line is that the word certainty is now in the equation. Our solution has been tested thousands of times in all of the courts. The problem is we’ve had other presidents that were not so smart. Our new plan is to let some existing tariffs stand, while some others will be replaced by other tariffs, Trump said.
The Dow Jones Industrial Average was up as much as 190 points today, with the market last reported at 49,500, up 0.3-0.4 percent.