LOADING ERROR LOADINGPresident Donald Trump’s sweeping “Liberation Day” tariffs were barely cold after the Supreme Court struck them down as illegal on Friday before he announced their replacement. Advertisement“It is very likely that challenges will be filed against the Section 122 tariffs,” said Ilya Somin, a law professor at George Mason University who represented the plaintiffs in the case in which the Supreme Court struck down Trump’s emergency tariffs. Back when the legal challenge that ultimately overturned Trump’s emergency tariffs was before an appellate court, the Department of Justice argued that Section 122 could not be used in place of the emergency tariffs the Supreme Court overturned because trade deficits and balance-of-payments were not the same thing. The court that hears tariff policy cases may be more inclined to agree that Trump can use it to address trade deficits. In the Court of International Trade decision that initially went against Trump’s emergency tariffs, the decision specifically stated that other authorities, including Section 122, existed as an argument against the ability of the president to invoke an emergency to apply tariffs as Trump did.

Source: Huffington Post February 24, 2026 10:42 UTC