President Trump’s announcement of a 15% universal tariff Saturday is setting the stage for a fresh and potentially historic confrontation between the executive branch, the courts, and Congress over who controls American trade policy. Coming just hours after the Supreme Court ruled against his previous tariff authority, the move raises urgent constitutional questions.
Trump invoked Section 122 of the Trade Act of 1974, a never-before-used provision that allows tariffs of up to 15% for 150 days before Congress must authorize continuation. He posted the announcement on Truth Social, declaring it effective immediately and framing it as a legally clean alternative to the IEEPA mechanism the Supreme Court struck down in its 6-3 ruling on Friday.
Trump’s administration said it would use the 150-day window to craft legally durable permanent tariff policy, suggesting the administration views this moment as the beginning of a new phase rather than a temporary retreat. Legal scholars noted that the untested 1974 provision may itself be vulnerable to court challenge, potentially triggering another round of judicial review.
The international reaction was anxious and pointed. Germany’s Chancellor Merz called tariff volatility “the biggest poison” for transatlantic economies and announced a visit to Washington with a coordinated European stance. France’s Macron praised the Supreme Court’s role in checking executive power. The UK, previously holding a 10% rate, faces fresh uncertainty and possible renegotiation.
About 90% of the $130 billion in tariffs collected under the IEEPA framework has been paid by American businesses and consumers. Business associations have demanded refunds, but Trump signaled a long legal battle ahead. Exemptions apply to critical minerals, metals, pharmaceuticals, and USMCA-compliant goods. Steel, aluminum, lumber, and auto tariffs remain in force under separate authority.