Trump’s New Tariffs Could Face Legal Challenges

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by Ana Swanson and Tony Romm

February 24, 2026

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President Trump’s recent move to impose new tariffs on imports has sparked legal concerns and could lead to further challenges. Following a Supreme Court ruling that struck down his previous use of an emergency law for tariffs, Trump is now relying on Section 122 of the Trade Act of 1974, a rarely used provision that allows the president to impose tariffs for up to 150 days in response to balance-of-payments issues or other international payment problems. However, critics are questioning whether this approach is lawful and have hinted at potential lawsuits. Section 122, which has not been widely utilized in decades, permits the president to impose tariffs if they determine that a “large and serious United States balance-of-payments deficit” exists or if there are other “fundamental international payments problems.” The Trump administration argues that this law applies to the U.S. trade deficit, which it has sought to reduce through various tariff measures. However, legal experts remain skeptical about the administration’s interpretation of the statute. The administration’s decision to impose a 10 percent tariff on nearly all imports under Section 122 has already raised eyebrows among Trump’s long-time trade critics. While the president previously announced plans to increase the rate to 15 percent, his team is still working on implementing this change. This new round of tariffs could face legal challenges, as opponents argue that Section 122 does not justify such broad and sweeping measures. The outcome of these potential legal battles will have significant implications for U.S. trade policy and international relations. If successful, Trump’s use of Section 122 could set a precedent for future presidents, expanding the executive branch’s authority over tariffs. However, if critics prevail, it could limit the president’s ability to impose tariffs in similar situations. This situation matters because it highlights ongoing tensions between the executive branch and the judiciary over the scope of presidential powers. The legal battles over tariffs also underscore the broader debate over trade policy and its impact

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Originally published on NYT Homepage on 2/24/2026