Free Trade

Federal Court: Trump's Newest Tariffs Are Also Illegal

Trump's use of Section 122 ignored the plain language of the law and invoked a broad executive power where Congress clearly provided a narrow one.

Eric Boehm | 5.7.2026 6:06 PM

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President Donald Trump's tariffs have been ruled illegal—again.

A three-judge panel at the U.S Court of International Trade (CIT) ruled Thursday evening that Trump's 10 percent "global tariff" is unlawful. The president imposed those tariffs in February, just hours after the U.S. Supreme Court blocked Trump's attempt to use emergency powers to impose a sweeping set of tariffs on most imports.

The new tariffs were implemented under Section 122 of the Trade Act of 1974, which allows presidents to impose........

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