Opinion | Trump’s New Tariffs Are Illegal Too

NYT Homepage

by Lev Menand and Joel Michaels

February 24, 2026

AI-Generated Deep Dive Summary

The Supreme Court recently invalidated President Trump’s use of international emergency powers to impose broad tariffs on global imports. In response, Trump turned to the Trade Act of 1974, specifically Section 122, to implement new 10 percent tariffs that were later increased to 15 percent. However, legal experts argue that these tariffs are also illegal and represent another attempt by Trump to bypass the law while daring courts to intervene. Section 122 allows the president to impose tariffs or import restrictions for up to 150 days if “fundamental international payments problems” require it, particularly in addressing large U.S. balance-of-payments deficits. Despite this, Trump’s interpretation is flawed. The provision focuses on financial imbalances, not trade deficits, and was never intended to address the kind of persistent trade issues the U.S. faces. By misapplying Section 122, Trump has overstepped his authority and ignored clear legal boundaries. The tariffs could have significant consequences for global trade and the domestic economy. Legal challenges are expected, with courts potentially being asked to halt these tariffs before they cause further disruption. This latest move by Trump raises concerns about his willingness to follow legal and constitutional norms, undermining the rule of law and international trade relations. The situation underscores the importance of judicial oversight in ensuring that presidential actions align with established laws and regulations. For readers interested in news, this story highlights the ongoing tensions between executive authority and legal constraints under the Constitution. It also sheds light on the broader implications of Trump’s tariff policies for U.S. trade relationships and global economic stability.

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Originally published on NYT Homepage on 2/24/2026