The Fox News Rundown Evening Edition: The Supreme Court Strikes Down Trump Tariffs
Feb 21, 2026
Elaine Dezenski, director of FDD’s Center on Economic and Financial Power, explains legal and strategic limits on tariffs. She breaks down the Supreme Court’s major questions ruling, other legal pathways for trade measures, and the messy prospects for refunds. She also explores linking economic security to national security and the case for stronger North American and allied economic ties.
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IEEPA Ruling Limits Executive Tariff Power
- The Supreme Court struck down presidential use of IEEPA for sweeping tariffs under the major questions doctrine.
- Elaine Dezenski says this removes an easy tool but doesn't stop the administration from pursuing similar trade goals via other authorities.
Pursue A Multi-Authority Tariff Strategy
- Use a mix of statutory authorities rather than relying solely on IEEPA to impose tariffs.
- Expect piecemeal action using Section 122, Section 301, and other tools while the administration refines its plan.
Section 122 Is Time-Limited
- Section 122 allows up to 15% tariffs but only for 150 days without further congressional action.
- These limits force shorter-term measures and require Congress for longer-lasting tariffs.