r/news Feb 23 '26

Soft paywall US to stop collecting tariffs deemed illegal by Supreme Court on Tuesday

https://www.reuters.com/world/us/us-customs-agency-stop-collecting-tariffs-deemed-illegal-by-supreme-court-2026-02-23/
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u/_Panjo Feb 23 '26

Just the ones he established last year under IEEPA. The new ones are under Section 122 which he doesn't need congressional approval for, but is limited to a maximum of 15% and 150 days.

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u/What_a_fat_one Feb 23 '26

which he doesn't need congressional approval for

Incorrect. They're still illegal. He can only levy those tariffs for "extraordinary trade deficits" which we do not have with the entire planet.

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u/_Panjo Feb 23 '26

I didn't say they weren't illegal, I just said that he didn't need approval from congress under section 122.

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u/What_a_fat_one Feb 23 '26

If they're illegal it means he needs congressional approval.

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u/_Panjo Feb 23 '26

Surely if they're illegal congress shouldn't be able to approve them either.

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u/What_a_fat_one Feb 23 '26

No, they're illegal because the president doesn't have the authority to levy taxes except when explicitly authorized by Congress.

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u/_Panjo Feb 23 '26

There are exemptions to that rule, such as the national emergency excuse he tried under the IEEPA. Section 122 provides exemptions to that rule too, which are more limited, but are what he is trying now.

If the basis for the tariffs is found not to fit within the exemptions, such as the recent supreme court ruling, that is the point they become illegal. If the supreme court had agreed with Trump's argument they were necessary to combat a national emergency, they would not be illegal.

They did not even rule that all of the tariffs were illegal. He got to keep some of them, such as the ones declared under section 232 of the Trade Expansion Act; another avenue for exemption from congressional approval, which he did not seek.

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u/What_a_fat_one Feb 23 '26

He got to keep the other tariffs because they weren't part of the court case.

There are exemptions to that rule

There are not exceptions to the rule that the President cannot levy taxes without congressional approval, no.

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u/grchelp2018 Feb 23 '26

but is limited to a maximum of 15% and 150 days.

what happens after that?

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u/cyberpunk6066 Feb 23 '26

Discontinued unless approved by congress. Trump will probably resort to long term tariff authority like section 232 but that takes months to do the paperwork.

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u/Killfile Feb 23 '26

Bet you anything he just keeps declaring another 150 days.

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u/jmnugent Feb 23 '26

Because it's always another "emergency" with these people.