Prof. Suzanne Rab has co‑authored a briefing with Leonard Hawkes of FLINN.LAW, in which they examine the recent ruling by the Supreme Court of the United States (“SCOTUS”) that the International Emergency Economic Powers Act (“IEEPA”) does not authorise the President of the United States to impose tariffs.
The judgment handed down by the SCOTUS on Friday last week, 20 February, invalidates the Trump administration’s IEEPA-based tariff programme. It finds that the President did not have authority to unilaterally impose tariffs (taxes on imports) under that Act. There are U.S. constitutional implications regarding the boundaries of the Congress and the US President’s powers to raise taxes. There are practical implications regarding i) the possibility of recovering IEEPA tariffs that were paid before the judgment and ii) the replacement of the IEEPA tariffs by a non-discriminatory 10% tariff on all imports to the United States as from yesterday, 24 February 2026, under section 122 of the Trade Act of 1974. (The “s122 tariff”.) (The initial s122 tariff of 10%[i] could rise to 15%.)
Read the full briefing here.