authority

Supreme Court tariff ruling clarifies Trump’s trade authority

Feb. 25 (UPI) — The Supreme Court‘s ruling to limit President Donald Trump‘s use of emergency powers to impose tariffs is forcing the administration to look to different statutory authorities to carry out its trade policy.

On Friday, the Supreme Court ruled that the president could not use the International Emergency Economic Powers Act to generate revenue through tariffs. While this caused Trump to seek another avenue to impose tariffs, landing on a global 15% rate through Section 122 of the Trade Act of 1974, his plans to use tariffs to negotiate trade deals have not changed.

The decision impacts a great deal of the tariffs Trump has enacted during his second term, Purba Mukerji, professor of economics at Connecticut College, told UPI. She said he has been using the IEEPA to give himself “flexibility” in trade negotiations since returning to the White House.

Trump expressed disappointment in the high court’s decision on Friday but Mukerji said it was expected by economists and is unlikely to disrupt the president’s broader economic policy. Tariffs on steel and aluminum, as well as those that target certain sectors, are likely to remain in place.

U.S. markets have not strongly reacted to the Supreme Court ruling in either direction. The Dow Jones Industrial Average fell by less than a point on Monday, only to rebound on Tuesday. The S&P 500 followed a similar path.

The yield on 10-year U.S. Treasury notes has reflected some uncertainty, though concerns about AI displacing workers, global tensions and broader trade concerns may be factors as well.

“For the business leaders who make decisions, for importers and exporters and foreign countries that are dealing with us in their trade negotiations, this is not a surprise,” Mukerji said. “So I don’t think there will be any long-lasting consequences of this particular Supreme Court ruling, except to put the whole trade negotiations and trade policy on much firmer footing.”

Consumers hoping to see prices come down are unlikely to see significant changes from the ruling either, Mukerji added.

“As far as consumer prices go, I am encouraged by the fact that we didn’t see the rise in consumer prices that was expected in all sectors coming out of tariffs,” she said. “I don’t expect that to be coming down in the future. I don’t think much will change on the ground.”

A study by the Federal Reserve Bank of New York published earlier this month reports that 94% of Trump’s tariffs imposed last year were paid by U.S. entities and consumers during the first eight months of 2025.

U.S. Customs and Border Protection reported in December that it had collected $200 billion in tariff revenue. The largest portion of tariffs collected was on imports from China, a report by the Federal Reserve Bank of Richmond said. The report is based on data from the U.S. Treasury Department and Census Bureau.

We Pay The Tariffs, a coalition of more than 800 small businesses, is circulating a petition to call for the federal government to refund businesses due to the tariffs being ruled unlawful.

“A legal victory is meaningless without actual relief for the businesses that paid these tariffs,” Dan Anthony, executive director of the organization, said in a statement. “The administration’s only responsible course of action now is to establish a fast, efficient and automatic refund process that returns tariff money to the businesses that paid it.”

It remains unclear what will happen to the revenue the court ruled has been unlawfully collected. The Supreme Court did not address refunds for tariffs paid.

Mukerji said reimbursing collected tariffs poses some practical challenges. She explained that while the United States maintains a database of who has paid what tariffs, it often shows a delivery company, like FedEx, as the entity that made the payment, not the importer who in reality incurred the costs.

“So you kind of have to reimburse FedEx, who then turns around and reimburses the importer,” she said. “That is a mess because then we depend on the account keeping, say by FedEx, so it becomes more complicated there.”

There is also a matter of fairness as some wholesalers pass the costs of tariffs on to retailers, who then pass them on to consumers, Mukerji said.

Following the court’s decision, U.S. Treasury Secretary Scott Bessent said the Trump administration will look to Section 122, as well as Section 301 of the Trade Act and Section 232 of the Trade Expansion Act of 1962 tariff authorities to pursue “virtually unchanged tariff revenue” this year.

These statutes notably do not require congressional approval to impose tariffs like the Supreme Court affirmed the IEEPA did.

Section 122 gives the president the authority to impose a maximum 15% tariff for up to 150 days. Tariffs imposed under this authority would remain in effect into July at the latest.

Section 301 of the Trade Act gives the president the authority to impose tariffs in response to unfair trade practices, theft of intellectual property and discriminatory policies by trade partners. An investigation by the Office of the U.S. Trade Representative must be completed to determine if there is a violation and allow for the use of Section 301 authority.

Trump’s broad tariffs on China were issued in 2018 under the authority of Section 301.

Section 232 of the Trade Expansion Act allows the president to impose tariffs and other trade restrictions on imports if they are determined to threaten national security. This must be preceded by an investigation by the Commerce Department into the potential of a threat.

Trump used Section 232 to place tariffs on steel and aluminum during his first term.

While President Joe Biden peeled back on many of Trump’s policies when he came into office, he kept some trade policies like these largely intact and reinforced them through investigations.

For Section 301 tariffs, Biden allowed the required four-year review to continue throughout his term, ultimately raising tariffs on electric vehicles from China as well as some semiconductors, critical minerals and other sectors.

For Section 232 tariffs, Biden kept Trump’s tariff framework largely in place and continued to use the national security justification to keep tariffs as a point of negotiations.

“Biden actually made them stronger,” Mukerji said. “Most of them continued under Biden and they were extended and made even stronger. So these trade policies now have the strength of a solid foundation. These stand on the shoulders of investigations so they have this lasting power.”

The Supreme Court’s decision has caused some ongoing negotiations to shift or pause.

Earlier this week, a planned meeting with India’s Prime Minister Narendra Modi in Washington, D.C., was put on hold. The sides were planning to meet for three days to discuss an interim trade deal that would likely go into effect in April.

The European Union’s parliament canceled a vote to ratify a trade deal with the United States on Monday in response to the Supreme Court decision and Trump’s subsequent new tariffs.

“A deal is a deal,” the European Commission said in a statement on Saturday. “As the United States’ largest trading partner, the EU expects the U.S. to honor its commitments set out in the Joint Statement — just as the EU stands by its commitments.”

With the Supreme Court’s decision, the Trump administration and future administrations definitively have one less tool to use when imposing tariffs. The ruling does not mark an end to Trump’s tariff plans. It only clarifies his authority to impose tariffs. Meanwhile, the president is left to negotiate trade deals under greater scrutiny.

Speaker of the House Mike Johnson, R-La., speaks during a press conference ahead of President Donald Trump’s State of the Union address at the U.S. Capitol on Tuesday. GOP members invited guests from their state who had benefited from the Working Families Tax Cuts to attend the address. Photo by Bonnie Cash/UPI | License Photo

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Supreme Court ruling offers little relief for Republicans divided on Trump’s tariffs

For a few hours on Friday, congressional Republicans seemed to get some relief from one of the largest points of friction they have had with the Trump administration. It didn’t last.

The Supreme Court struck down a significant portion of President Trump’s global tariff regime, ruling that the power to impose taxes lies with Congress. Many Republicans greeted the Friday morning decision with measured statements, some even praising it, and GOP leaders said they would work with Trump on tariffs going forward.

But by the afternoon, the president made clear he had no intention of working with Congress and would continue to go it alone by imposing a new global import tax. He set the new tax at 10% in an executive order, announcing Saturday he planned to hike it to 15%.

Trump is enacting the new tariff under a law that restricts the import taxes to 150 days and has never been invoked this way before. Though that decision is likely to have major implications for the global economy, it might also ensure that Republicans will have to keep answering for Trump’s tariffs for months to come, especially as the midterm elections near. Opinion polls have shown most Americans oppose Trump’s tariff policy.

“I have the right to do tariffs, and I’ve always had the right to do tariffs,” Trump said at a news conference Friday, contending that he doesn’t need Congress’ approval.

Tariffs have been one of the only areas where the Republican-controlled Congress has broken with Trump. Both the House and Senate at various points had passed resolutions intended to rein in the tariffs imposed on key trade partners such as Canada. It’s also one of the few issues about which Republican lawmakers, who came of age in a party that largely championed free trade, have voiced criticism of Trump’s economic policies.

“The empty merits of sweeping trade wars with America’s friends were evident long before today’s decision,” Sen. Mitch McConnell (R-Ky.), the former longtime Senate Republican leader, said in a statement Friday, noting that tariffs raise the prices of homes and disrupt other industries important to his home state.

Democrats’ approach

Democrats, looking to win back control of Congress, intend to make McConnell’s point their own. At a news conference Friday, Senate Democratic leader Chuck Schumer said Trump’s new tariffs “will still raise people’s costs and they will hurt the American people as much as his old tariffs did.”

Schumer challenged Republicans to stop Trump from imposing the new global tariff. Democrats on Friday also called for refunds to be sent to U.S. consumers for the tariffs struck down by the Supreme Court.

“The American people paid for these tariffs and the American people should get their money back,” Sen. Elizabeth Warren (D-Mass.) said on social media.

The remarks underscored one of the Democrats’ central messages for the midterm campaign: that Trump has failed to make the cost of living more affordable and has inflamed prices with tariffs.

Small and midsize U.S. businesses have had to absorb the import taxes by passing them along to customers in the form of higher prices, employing fewer workers or accepting lower profits, according to an analysis by the JPMorganChase Institute.

Will Congress act?

The Supreme Court decision Friday made it clear that a majority of justices believe that Congress alone is granted authority under the Constitution to levy tariffs. Yet Trump quickly signed an executive order citing the Trade Act of 1974, which grants the president the power to impose temporary import taxes when there are “large and serious United States balance-of-payments deficits” or other international payment problems.

The law limits the tax to 150 days without congressional approval to extend it. The authority has never been used and therefore never tested in court.

Republicans at times have warned Trump about the potential economic fallout of his tariff plans. Yet before his “Liberation Day” of global tariffs last April, GOP congressional leaders declined to directly defy the president.

Some GOP lawmakers cheered on the new tariff policy, highlighting a generational divide among Republicans, with a mostly younger group fiercely backing Trump’s strategy. Rather than heed traditional free trade doctrine, they argue for “America First” protectionism, which they argue will revive U.S. manufacturing.

Republican Sen. Bernie Moreno, an Ohio freshman, slammed the Supreme Court’s ruling on Friday and called for GOP lawmakers to “codify the tariffs that had made our country the hottest country on Earth!”

A few Republican opponents of the tariffs, meanwhile, openly cheered the Supreme Court’s decision. Rep. Don Bacon (R-Neb.), a critic of the administration who is not seeking reelection, said on social media that “Congress must stand on its own two feet, take tough votes and defend its authorities.”

Bacon predicted there would be more Republican resistance coming. He and a few other GOP members were instrumental this month in forcing a House vote on Trump’s tariffs on Canada. As that measure passed, Trump vowed political retribution for any Republican who voted to oppose his tariff plans.

Groves writes for the Associated Press. AP writers Matt Brown, Joey Cappelletti and Lisa Mascaro contributed to this report.

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Supreme Court limits Trump’s tariff authority in 6-3 decision

Feb. 20 (UPI) — The U.S. Supreme Court ruled Friday that President Donald Trump does not have the unilateral authority to impose tariffs.

The 6-3 decision struck down some of the broad tariffs Trump has imposed across the world from the Executive Branch. Chief Justice John Roberts said the president “must identify clear congressional authorization” to use the International Emergency Economic Powers Act to impose tariffs.

The decision came down in a lawsuit with several small businesses and Democratic attorneys general sued the Trump administration over improperly imposing tariffs. The plaintiffs argued that Trump was using the tariffs to raise revenue, a responsibility that falls under the scope of U.S. Congress, not the president.

While the Justice Department claimed that Trump was using tariffs to regulate foreign goods, Trump often said the tariffs were bringing in substantial revenue to the federal government.

Tariffs that Trump imposed using other laws will remain in place, such as tariffs on steel and aluminum.

Roberts added that the Trump administration has not provided any statutory support to its claim that the International Emergency Economic Powers Act applies to tariffs.

“We hold that the IEEPA does not authorize the president to impose tariffs,” Roberts wrote in the majority opinion.

Justices Clarence Thomas, Brett Kavanaugh and Samuel Alito, all conservative justices, dissented.

Friday’s decision is the first in which a legal challenge to Trump’s second-term policies received a full hearing and resolution from the U.S. Supreme Court.

President Donald Trump speaks alongside Administrator of the Environmental Protection Agency Lee Zeldin in the Roosevelt Room of the White House on Thursday. The Trump administration has announced the finalization of rules that revoke the EPA’s ability to regulate climate pollution by ending the endangerment finding that determined six greenhouse gases could be categorized as dangerous to human health. Photo by Will Oliver/UPI | License Photo

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Exclusive: EU agrees procedure to choose host country for future European Customs Authority

Published on Updated

EU lawmakers have drafted a procedure to select the future host of the European Custom Authority, a new decentralised agency tasked with supporting and coordinating national customs administrations across the bloc.


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The agency is expected to be set up in 2026 and operational in 2028. Many EU countries have put themselves forward as potential hosts for the new body, including Belgium, Spain, France, Croatia, Italy, The Netherlands, Poland, Portugal and Romania.

In a committee meeting in January, all the nine countries presented their candidacy, with Spain, France, Poland and The Netherlands receiving the majority of questions from EU lawmakers.

The need to establish a dedicated selection procedure arises from the fact that no predefined method exists for choosing the host country. As the location of an EU agency often becomes a politically sensitive contest among member states, the institutions have sought to design a detailed procedure aimed at ensuring the decision is as impartial and balanced as possible.

And with the business of customs management and trade surging in importance since US President Donald Trump imposed tariffs on countries worldwide, the debate over which country will host the future European Customs Authority has become particularly tense.

According to a draft procedure seen by Euronews, the European Parliament and the Council of the European Union will each independently select two preferred candidates. The two institutions will then meet in a joint session to reveal their selections. If at least one candidate appears on both shortlists, that overlapping candidate will be automatically declared the winner.

If there is no overlap, two or four candidates will move to three rounds of votes, all with different rules.

In the first round, a candidate who obtains a majority in both institutions will be elected immediately. But if no candidate achieves a majority in either body, additional scenarios will apply to determine who advances to the second round.

Specifically, if two candidates are tied with neither securing a majority, both will move forward to the second round. In a scenario with four candidates, the two receiving the fewest votes will be eliminated. However, if there is a very close result between the second- and third-placed candidates, three candidates may advance to the second round instead.

In the second round, a joint vote of the two institutions will take place. A candidate must obtain a three-quarters majority to be elected; if no candidate reaches this threshold, the process will move to the third round.

If three candidates remain, the one receiving the fewest votes will be eliminated. However, in the event of a very close result between the second- and third-placed candidates, all three may proceed to the third round.

In the third and final round, the same joint voting procedure will apply, but the required threshold is lowered to a two-thirds majority. This vote may be repeated up to three times. And if no candidate secures the required majority after these attempts, the threshold will be reduced to a simple majority.

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‘We will pay,’ Savannah Guthrie says in latest video plea

Savannah Guthrie told the potential kidnappers of her mother, Nancy Guthrie, on Saturday that the family is prepared to pay for her safe return, as the frantic search for the 84-year-old has entered a seventh day.

“We received your message, and we understand. We beg you now to return our mother to us so that we can celebrate with her,” Guthrie said in a video posted on social media, flanked by her siblings. “This is the only way we will have peace. This is very valuable to us, and we will pay.”

It was not immediately clear whether the longtime co-host of NBC’s “Today” show was referring to a new message from someone who might have kidnapped Nancy Guthrie. The Associated Press reached out to the FBI and the Pima County Sheriff’s Department seeking additional details.

Tucson TV station KOLD said Friday that it received a message via email that was tied to the Guthrie case, the contents of which it could not disclose. The FBI said it was aware of a new message and was reviewing its authenticity.

No suspects identified

Investigators think Nancy Guthrie was taken against her will from her home just outside Tucson last weekend. DNA tests showed blood on Guthrie’s front porch was a match to her, Pima County Sheriff Chris Nanos has said. Authorities have not identified any suspects or ruled anyone out.

The sheriff said Friday that he was frustrated that a camera at Nancy Guthrie’s home was not able to capture images of anyone the day she went missing.

Investigators have found that the home’s doorbell camera was disconnected early Sunday and that software data recorded movement at the home minutes later. But Nancy Guthrie did not have an active subscription, so none of the images were able to be recovered.

“It is concerning, it’s actually almost disappointing, because you’ve got your hopes up,” Nanos told the Associated Press in an interview. “OK, they got an image. ‘Well, we do, but we don’t.’”

President Trump, speaking on Air Force One on Friday, said the investigation was going “very well.”

“We have some clues that I think are very strong,” Trump said en route to his Florida estate for the weekend. “We have some things that may be coming out reasonably soon.”

Investigators return to scene

Investigators were back in Nancy Guthrie’s neighborhood on Friday.

The Sheriff’s Department posted on social media to say access was restricted to the road in front of the home to give investigators space. Journalists staked out there were directed to move.

The Catalina Foothills Assn., a neighborhood group, told residents in a letter that authorities were resuming searches in the area immediately.

“I know we all stand together in our collective disbelief and sadness and greatly appreciate your willingness to speak with law enforcement, share camera images and allow searches of your properties,” the association president said in the letter.

The sheriff said Thursday that investigators have not given up on trying to retrieve camera recordings.

“I wish technology was as easy as we believe it is, that ‘here’s a picture, here’s your bad guy.’ But it’s not,” Nanos told the AP. “There are pieces of information that come to us from these tech groups that say, ‘This is what we have and we can’t get any more.’”

TV station receives note

The sheriff also said he had no new information about the note to the TV station or other purported ransom letters sent to some media outlets, saying the FBI is handling that side of the investigation.

Meanwhile, concern about Nancy Guthrie’s health condition has grown, because authorities say she needs vital daily medicine. She is said to have a pacemaker and have dealt with high blood pressure and heart issues, according to sheriff’s dispatcher audio on broadcastify.com.

“Her conditions, I would imagine, are worsening day by day,” Nanos said. “She requires medication. And I have no way of knowing whether they’re getting that medication to her.”

Pleas from family

Savannah Guthrie and her siblings released a previous video message on Wednesday, saying they were ready to talk but wanted proof of life. Camron Guthrie, Savannah’s brother, repeated that in a video Thursday.

It is not clear if all of the ransom notes were identical. Heith Janke, the FBI chief in Phoenix, said details included a demand for money with a deadline that passed Thursday evening and a second deadline for Monday if the first one was not met. At least one note mentioned a floodlight at Guthrie’s home and an Apple watch, Janke said.

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