송상호
| 2026-02-21 06:02:22
(4th LD) US court-Trump tariffs
(4th LD) U.S. Supreme Court strikes down Trump's emergency tariffs; Trump calls ruling 'deeply disappointing'
(ATTN: UPDATES throughout)
By Song Sang-ho
WASHINGTON, Feb. 20 (Yonhap) -- The U.S. Supreme Court ruled against President Donald Trump's sweeping emergency tariffs on Friday, invalidating the legal basis for his "reciprocal" tariffs on South Korea and other trading partners in a major setback to his trade policy.
In a six-to-three decision, the high court upheld a lower court's ruling against Trump's use of the 1977 International Emergency Economic Powers Act (IEEPA) to justify duties, including the reciprocal tariffs, fueling speculation that Washington could face a complicated tariff refund process.
Following the ruling, Trump announced a plan to impose an additional 10 percent global tariff and undertake other tariff measures under different legal provisions, lambasting the court decision as a "disgrace to our nation" and the justices in the majority as "very unpatriotic."
"We hold that IEEPA does not authorize the president to impose tariffs," Chief Justice John Roberts wrote in the ruling. He was one of the six justices, including two fellow conservatives, who ruled against the emergency tariffs.
Roberts pointed out that the president asserts the extraordinary power to unilaterally impose "tariffs of unlimited amount, duration, and scope," but "in light of the breadth, history, and constitutional context of that asserted authority," the president must identify "clear congressional authorization" to exercise it.
On April 2, a day he dubbed "Liberation Day," Trump announced his reciprocal tariff plan, arguing that a lack of "reciprocity" in trade with trading partners and their trade barriers led to "large" and "persistent" trade deficits, which he said posed an "unusual" and "extraordinary" threat to U.S. national security and the economy.
The Trump administration levied reciprocal tariffs of 15 percent on South Korean products, down from 25 percent following a bilateral deal under which Seoul has committed to investing US$350 billion in the United States, among other pledges, in return for the tariff reduction.
In its ruling, the top court stressed that the framers of the U.S. constitution gave "Congress alone" the power to impose tariffs during peacetime, and that the foreign affairs implications of tariffs do not make it any more likely that Congress would relinquish its tariff power "through vague language, or without careful limits."
The ruling came as Trump has been doubling down on his trade policy to reduce America's trade deficit, boost its domestic manufacturing and foreign investments, and increase federal revenue, ahead of the midterm elections, which are seen as a crucial gauge of public sentiment toward his administration.
Commenting on the ruling, South Korea's presidential office Cheong Wa Dae said that it will comprehensively review the court decision and the U.S. government's position, and consider its response in a "direction that best serves national interests."
Trump has leveraged the IEEPA tariffs for various purposes, including pressuring Mexico, Canada and China to help end the flow of fentanyl into the U.S. and securing trade deals with South Korea, Japan, the European Union and other partners, as well as curbing India's purchases of Russian oil.
This week's ruling does not affect Trump's entire tariff policy as it does not cover other levies, including sector-specific tariffs that he imposed under Section 232 of the 1962 Trade Expansion Act -- a law that gives the president the authority to adjust imports when he determines they threaten to impair national security.
In the lead-up to the court decision, Trump repeatedly warned of serious consequences for a court decision undoing IEEPA tariffs, saying it would pose the "biggest threat in history" to U.S. national security or deal a "terrible blow" to America.
Friday's ruling did not issue an order related to tariff refunds, but the decision could give rise to calls for refunds.
Reuters reported, citing Penn Wharton Budget Model economists, that over $175 billion in U.S. tariff collections could have to be refunded in the event of a ruling against the emergency tariffs.
During a press conference, Trump said that his administration could weigh various different legal provisions other than the IEEPA to levy tariffs, including Section 122, 201 and 301 of the 1974 Trade Act and Section 338 of the 1930 Tariff Act.
Using Section 122, Trump plans to impose a 10 percent global tariff "over and above our normal tariffs already being charged," the president said, while his administration will also initiate Section 301 and other investigations in what would be a process to introduce new duties.
"The good news is that there are methods, practices, statutes and authorities, as recognized by the entire court and also is recognized by Congress, that are even stronger than the IEEPA tariffs available to me as the president of the United States," Trump said.
Uncertainty remains over how aggressively Trump would push to introduce new tariffs as his administration faces the challenging task of addressing the politically charged issue of "affordability" ahead of the midterm elections seen as a gauge of public sentiment on his administration's performance.
Ahead of the major local elections slated for June, South Korean President Lee Jae Myung could face domestic pressure to nix the trade deal with Washington in the event of a ruling against reciprocal tariffs, Victor Cha, president of the geopolitics and foreign policy department and Korea chair at the Center for Strategic and International Studies, has said.
(END)
[ⓒ K-VIBE. 무단전재-재배포 금지]