International trade court strikes down Trump's second attempt at tariffs

The U.S. Court of International Trade ruled 2-1 that Trump overstepped his authority by invoking Section 122 of the Trade Act of 1974 to impose a 10% global import duty, which he did without congressional approval.

Published: May 7, 2026 9:53pm

A federal trade court struck down Thursday the tariffs President Donald Trump imposed to replace the import taxes that the Supreme Court struck down earlier this year.

The Supreme Court in February struck down tariffs the president imposed under the International Emergency Economic Powers Act, but the order did not impact tariffs imposed under other laws.

The U.S. Court of International Trade ruled 2-1 that Trump overstepped his authority by invoking Section 122 of the Trade Act of 1974 to impose a 10% global import duty, which he did without congressional approval. 

The president had invoked the law shortly after the Supreme Court struck down his wide-scale tariffs. But the trade court said Trump misapplied the law by failing to identify the specific type of economic crisis the law requires and thus did not follow the specific balance-of-payments measures intended when it wrote the statute five decades ago.

"The President enjoys no inherent authority to impose tariffs during peacetime," the court wrote. “This case turns on the meaning of Section 122 and whether the President asserted the existence of the conditions required by the statute in order to lawfully proclaim the import surcharges. … The President’s Proclamation fails to assert that those required conditions have been satisfied."

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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