Trump Raises Tariffs After Court Blow, but Legal Experts Say New Law Is Also Vulnerable

President Trump may have found a new legal hook for his 15% global tariff, but legal experts are already warning that the provision he is using — Section 122 of the Trade Act of 1974 — is untested, obscure, and potentially just as vulnerable to court challenge as the IEEPA authority the Supreme Court struck down on Friday.
The 1974 provision allows a president to impose tariffs of up to 15% for 150 days without congressional approval, after which legislative authorization is required. No president has ever invoked it in the five decades since it was enacted. Trump declared it legally valid and effective immediately in a Saturday Truth Social post, but analysts noted its untested nature leaves significant legal uncertainty.
The Supreme Court’s 6-3 ruling Friday found that Trump’s IEEPA-based tariffs required congressional authorization he had not sought. Trump condemned the ruling as “ridiculous” and “anti-American,” attacked majority justices in deeply personal terms, and pledged his administration would use the 150-day window provided by the new law to develop court-proof permanent tariff policy.
Global trading partners expressed alarm and frustration. Germany’s Chancellor Merz warned that the cycle of tariff uncertainty was acting as economic poison and announced a trip to Washington with a coordinated EU position. France’s Macron celebrated the Supreme Court’s original ruling as evidence of functional democratic governance. The UK faces a difficult path after its previously negotiated 10% arrangement is superseded by the new 15% baseline.
American businesses have absorbed approximately 90% of the $130 billion collected in tariffs so far, and industry groups are pushing for refunds that Trump has suggested will require a lengthy legal fight. Exemptions under the new rate include critical minerals, metals, pharmaceuticals, and USMCA-compliant goods. Sector tariffs on steel, aluminum, lumber, and autos remain unaffected.