What’s Next for Trump’s Trade War
Foreign Policy
by Keith JohnsonFebruary 23, 2026
AI-Generated Deep Dive Summary
The U.S. Supreme Court’s recent ruling has thrown Trump’s trade war strategy into disarray, leaving his administration scrambling for alternatives. Following the court’s decision to invalidate Trump’s primary authority for imposing tariffs, the administration turned to a rarely used provision of the 1974 Trade Act, Section 122, as a temporary measure to maintain higher tariffs on U.S. businesses and consumers. This move has sparked confusion and concern among trading partners and raised questions about the legality and long-term implications of Trump’s trade policies.
The immediate reimposition of tariffs under this new authority has left allies and adversaries alike questioning the stability of their trade agreements with the United States. For instance, the European Union, which had negotiated a deal to lower tariffs, now faces potential higher barriers. Similarly, the United Kingdom is concerned about the future of its trade accord with the U.S., while countries in Asia are reevaluating deals made under the threat of punitive tariffs that were later deemed illegal. These developments have cast doubt on whether the Trump administration’s approach to trade policy is sustainable or aligned with the broader interests of both the U.S. and its trading partners.
The reliance on Section 122, which allows for temporary tariffs of up to 15% for five months before requiring congressional approval, has also raised legal questions. While the provision was originally designed to address balance-of-payments crises, its current use for broader trade disputes is unconventional. Critics argue that this approach could undermine Congress’s traditional authority over trade policy and set a dangerous precedent for future administrations.
As Trump doubles down on his tariff strategy despite mounting challenges, observers are wondering whether this counterproductive approach will ultimately strengthen or weaken U.S. economic and political ties with the world. The ongoing uncertainty surrounding Trump’s trade policies has left both allies and adversaries anxious about their future relationship with the United States. Whether Congress will step in to reclaim its role in shaping trade policy remains a critical unanswered question, one that could significantly impact the global trading landscape.
Ultimately, the chaos caused by the Supreme Court ruling highlights the growing tension between executive overreach and congressional oversight in matters of international trade. With
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Originally published on Foreign Policy on 2/23/2026
