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26 Feb 2026·Source: The Indian Express
4 min
RS
Richa Singh
|International
International RelationsPolity & GovernanceEconomyEDITORIAL

US Tariff Case: Judiciary's Role in Trade Policy Examined

Analysis of US court's decision on tariffs and its implications.

US Tariff Case: Judiciary's Role in Trade Policy Examined

Photo by Andy He

Editorial Analysis

The author argues that the judiciary's role in trade policy is to ensure that the executive branch acts within the bounds of the law, particularly in tariff impositions. The judiciary should not be a mere rubber stamp for executive actions but must independently assess whether these actions comply with statutory requirements and constitutional principles.

Main Arguments:

  1. The judiciary's role is to ensure the executive branch acts within the bounds of the law, not to make trade policy.
  2. Courts must independently assess whether tariff impositions comply with statutory requirements.
  3. Judicial review prevents the executive branch from exceeding its delegated authority in trade matters.
  4. The judiciary should not defer to the executive branch on matters of statutory interpretation, especially when it affects individual rights and economic interests.

Counter Arguments:

  1. The executive branch has broad authority in trade matters, and courts should defer to its expertise.
  2. Judicial intervention in trade policy could disrupt international relations and economic stability.

Conclusion

The judiciary has a vital role in safeguarding the rule of law and protecting individual rights in trade policy. Courts must exercise independent judgment and ensure that the executive branch acts within the bounds of its delegated authority.

On February 20, 2026, the U.S. Supreme Court struck down key tariffs imposed by President Donald Trump, ruling that he exceeded his statutory authority under the International Emergency Economic Powers Act (IEEPA). The court's 6-3 decision in *Learning Resources, Inc. vs. Trump* invalidated tariffs introduced in April 2025, including those targeting countries like China, Canada, and Mexico over fentanyl trafficking, as well as broad “reciprocal tariffs.”

Following the ruling, Trump announced a new 10 percent import levy on all goods entering the U.S. under Section 122 of the Trade Act of 1974, later increasing it to 15 percent before revising it back to 10 percent. This mechanism is temporary, lasting about 150 days without congressional approval for extension. India's trade negotiators have postponed their visit to Washington to assess the implications of these developments on the interim trade deal announced earlier in February 2026.

Despite the rollback of certain emergency tariff measures, most U.S. trade restrictions remain unchanged, including tariffs imposed under Section 232 (national security measures) and Section 301 trade enforcement provisions. India's Commerce and Industry Ministry is studying the potential impact of these developments. The shift in U.S. trade policy introduces uncertainty for Indian exporters and investors, requiring them to reassess their U.S. market strategies.

This ruling and the subsequent tariff adjustments have implications for India-U.S. trade negotiations and India's export outlook. The move towards a flat 10 percent global tariff effectively reduces tariff levels for some countries, including India, compared to earlier proposed rates. This news is relevant for UPSC exams, particularly GS Paper 2 (International Relations) and GS Paper 3 (Economy).

UPSC Exam Angles

1.

GS Paper 2 (International Relations): Impact of US trade policy on India-US relations and global trade dynamics.

2.

GS Paper 3 (Economy): Implications of tariffs on India's exports, trade balance, and economic growth.

3.

Potential question types: Analytical questions on the role of judiciary in shaping trade policy, the effectiveness of tariffs as a trade tool, and the impact of protectionism on global trade.

In Simple Words

When the government puts taxes (tariffs) on imported goods, it affects businesses and consumers. Courts make sure the government follows the rules when setting these taxes. They ensure the government isn't overstepping its power.

India Angle

In India, tariffs impact the prices of imported goods, affecting local businesses and consumers. If the government increases import duties on Chinese electronics, it could make them more expensive for Indian consumers and potentially benefit local manufacturers.

For Instance

Think of it like your apartment association setting new maintenance fees. If they don't follow the proper procedures (like getting approval from residents), someone can challenge it in court.

It ensures fairness and prevents the government from arbitrarily raising prices on goods you buy. This protects consumers and businesses from unfair trade practices.

Courts are the referees, ensuring the government plays by the rules on trade taxes.

The article discusses a recent US court judgment related to tariffs, examining how the judiciary has defined its role in trade policy. It analyzes the legal arguments presented and the court's reasoning in reaching its decision. The article also explores the potential implications of this judgment for future trade disputes and the balance of power between the executive and judicial branches in the United States concerning international trade matters.

Expert Analysis

The recent U.S. Supreme Court ruling on tariffs brings several key concepts into focus. The International Emergency Economic Powers Act (IEEPA), enacted in 1977, allows the President to regulate economic transactions during a declared national emergency involving foreign threats to U.S. national security, foreign policy, or the economy. The Trump administration used this act to impose tariffs, arguing that large U.S. trade deficits constituted an economic and national security threat. The Supreme Court, however, ruled that the IEEPA does not explicitly authorize the imposition of customs duties, thus limiting the President's power to impose sweeping tariffs.

Another important concept is Section 122 of the Trade Act of 1974. Following the Supreme Court's decision, President Trump invoked this section to impose a 10 percent import levy on all goods entering the U.S., later adjusted to 15 percent and then back to 10 percent. This provision allows for a temporary import surcharge to address balance-of-payments deficits, but it can only remain in force for about 150 days without congressional approval. This highlights the ongoing tension between the executive and legislative branches regarding trade policy.

The concept of reciprocal tariffs is also central to this issue. The Trump administration introduced these tariffs, imposing a baseline 10 percent duty on imports from most countries, with higher rates applied to certain trading partners. These measures were justified on the basis that large U.S. trade deficits constituted an economic and national security threat. The Supreme Court's ruling against the use of the IEEPA to impose these tariffs has led to a recalibration of country-specific U.S. tariff arrangements.

Finally, the idea of tariff as a revenue model is brought up. The U.S. President suggested that tariffs could one day replace traditional income tax. Historically, tariffs were among the earliest forms of state revenue, but in today’s interconnected global economy, this model is both outdated and fraught with risks. Modern economic growth is driven by global supply chains, services trade, technology flows, and investment partnerships — not merely by levies on imported goods.

For UPSC aspirants, understanding these concepts is crucial for both Prelims and Mains. Questions may arise concerning the powers of the U.S. President in trade matters, the role of the judiciary in checking executive power, and the implications of protectionist trade policies on global trade and India's economy. Specifically, GS Paper 2 (International Relations) and GS Paper 3 (Economy) are relevant.

Visual Insights

Key Developments in US Tariff Policy

Highlights of the recent US Supreme Court ruling and subsequent tariff actions.

New Global Tariff
10%

Imposed under Section 122 of the Trade Act of 1974 after the Supreme Court ruling on IEEPA.

More Information

Background

The International Emergency Economic Powers Act (IEEPA) of 1977 grants the U.S. President the authority to regulate economic transactions during a declared national emergency if there are foreign threats to national security, foreign policy, or the economy. This act has been used in the past to impose sanctions and other economic measures against foreign countries. The Trump administration's use of IEEPA to impose broad tariffs was challenged in court, leading to the Supreme Court's recent ruling. Prior to the Supreme Court ruling, the Trump administration had imposed tariffs on various countries, including China, Canada, and Mexico, citing concerns over issues such as fentanyl trafficking and trade deficits. These tariffs were justified as necessary to protect U.S. industries and national security. However, businesses and several U.S. states challenged the tariffs in court, arguing that the IEEPA did not authorize the imposition of customs duties. The U.S. Constitution grants Congress the power to regulate commerce with foreign nations. The Supreme Court's ruling in *Learning Resources, Inc. vs. Trump* affirmed that the power to levy taxes resides primarily with Congress, limiting the President's ability to impose tariffs unilaterally under the guise of national emergency. This decision underscores the importance of checks and balances in the U.S. system of government.

Latest Developments

In February 2026, following the Supreme Court's ruling against his administration's tariff policies, President Trump announced a new 10 percent global tariff on all countries under Section 122 of the Trade Act of 1974. This move was seen as an attempt to maintain a protectionist trade posture despite the legal setback. The tariff rate was later increased to 15 percent and then revised back to 10 percent, causing uncertainty among trading partners. India and the U.S. had announced an interim trade agreement in early February 2026, with plans to finalize the legal language later in the month. However, due to the uncertainty surrounding the U.S. tariff policy, India postponed a planned visit by its negotiating delegation to the U.S. to assess the implications of the Supreme Court ruling and subsequent tariff actions. The Indian government is currently studying the potential impact of these developments on its trade relations with the U.S. Looking ahead, the U.S. tariff policy remains uncertain. The tariffs imposed under Section 122 of the Trade Act of 1974 are temporary and require congressional approval for extension beyond 150 days. The future direction of U.S. trade policy will depend on the outcome of ongoing trade negotiations and the political climate in the U.S.

Frequently Asked Questions

1. Why did the US Supreme Court strike down President Trump's tariffs now, in 2026, when the International Emergency Economic Powers Act (IEEPA) has been around since 1977?

The Supreme Court's decision likely hinged on the specific way the Trump administration used IEEPA. While IEEPA grants broad authority during national emergencies, the court probably found that the tariffs imposed exceeded the scope of authority Congress intended to delegate under the Act. The court likely determined that the tariffs were not directly related to an actual emergency or that they overreached the powers granted to the executive branch.

2. What's the difference between tariffs imposed under IEEPA and those under Section 122 of the Trade Act of 1974, and why did Trump switch to Section 122 after the court ruling?

IEEPA allows the President to regulate economic transactions during a declared national emergency. Section 122 of the Trade Act of 1974 provides a mechanism for temporary tariffs, lasting about 150 days without congressional approval. Trump likely switched to Section 122 to continue imposing tariffs quickly without needing to declare a national emergency or seek immediate congressional approval, although this approach is temporary.

3. How might these US tariff changes affect India's trade negotiations and overall trade relationship with the US?

The uncertainty surrounding US tariff policy could make trade negotiations with India more complex. * India's trade negotiators will need to factor in the possibility of sudden tariff changes when negotiating trade deals. * The imposition of a 10% global tariff could negatively impact Indian exports to the US, potentially leading to trade disputes. * Conversely, India might see this as an opportunity to diversify its export markets and reduce reliance on the US.

  • India's trade negotiators will need to factor in the possibility of sudden tariff changes when negotiating trade deals.
  • The imposition of a 10% global tariff could negatively impact Indian exports to the US, potentially leading to trade disputes.
  • Conversely, India might see this as an opportunity to diversify its export markets and reduce reliance on the US.
4. If a Mains question asks, 'Critically examine the use of trade policy as a tool of foreign policy, with reference to the US tariff case,' what key arguments should I include?

A strong answer would address these points: * The potential benefits: Trade policy can be a powerful tool for achieving foreign policy objectives, such as promoting human rights or deterring aggression. * The risks: Over-reliance on trade policy can harm domestic consumers and businesses, and may not always be effective in achieving its intended goals. * The specific context: The US tariff case highlights the potential for abuse of trade policy, as well as the importance of judicial oversight.

  • The potential benefits: Trade policy can be a powerful tool for achieving foreign policy objectives, such as promoting human rights or deterring aggression.
  • The risks: Over-reliance on trade policy can harm domestic consumers and businesses, and may not always be effective in achieving its intended goals.
  • The specific context: The US tariff case highlights the potential for abuse of trade policy, as well as the importance of judicial oversight.
5. How does this US tariff situation fit into the larger trend of protectionism versus free trade in the global economy?

This situation exemplifies the ongoing tension between protectionist and free trade policies. The US, under the Trump administration, has leaned towards protectionism, using tariffs to protect domestic industries and address trade imbalances. This contrasts with the general trend towards free trade and globalization seen in previous decades. The back-and-forth on tariffs reflects the continuing debate about the optimal balance between protecting domestic interests and promoting global economic integration.

6. In Prelims, what specific detail about the US Supreme Court case *Learning Resources, Inc. vs. Trump* could UPSC test, and what would be a likely distractor?

UPSC could test the specific Act under which the tariffs were initially imposed: the International Emergency Economic Powers Act (IEEPA). A likely distractor would be another trade-related act, such as the Trade Act of 1974 itself, or a more general law like the National Security Act. examTip: Remember IEEPA is related to declared national emergencies.

Exam Tip

Remember IEEPA is related to declared national emergencies.

7. What is the government of India's likely official position on the US imposing tariffs under Section 122 of the Trade Act of 1974?

The Indian government would likely express concern over the imposition of tariffs, emphasizing the importance of free and fair trade. They would likely argue that such tariffs are protectionist and could harm global trade. India would probably engage in diplomatic efforts to negotiate with the US to seek exemptions or reductions in the tariffs, while also exploring alternative trade partners.

8. This news involves international trade. Which General Studies paper is most relevant, and from what angle should I study this?

This is most relevant to GS Paper 2 (International Relations) and GS Paper 3 (Economy). From an IR perspective, focus on the impact on bilateral relations between India and the US, and the broader implications for global trade governance. From an economic perspective (GS3), analyze the impact of tariffs on trade flows, domestic industries, and overall economic growth. UPSC may ask about trade wars and their impact.

9. What should aspirants watch for in the coming months regarding this US tariff situation?

Aspirants should monitor: * Any further legal challenges to President Trump's use of Section 122 of the Trade Act of 1974. * The reactions of other countries to the US tariffs, including potential retaliatory measures. * The impact of the tariffs on global trade flows and economic growth. * Any statements or policy changes from the Indian government regarding its trade relationship with the US.

  • Any further legal challenges to President Trump's use of Section 122 of the Trade Act of 1974.
  • The reactions of other countries to the US tariffs, including potential retaliatory measures.
  • The impact of the tariffs on global trade flows and economic growth.
  • Any statements or policy changes from the Indian government regarding its trade relationship with the US.
10. Are 'reciprocal tariffs' good or bad, and for whom?

The impact of reciprocal tariffs is complex and depends on the specific context. * Potential Benefits: They can be used as a tool to pressure other countries to lower their own tariffs, leading to fairer trade practices. * Potential Drawbacks: They can escalate into trade wars, harming consumers and businesses in all countries involved. Reciprocal tariffs can disproportionately affect smaller economies that are more reliant on trade. * Whom do they benefit? They may benefit domestic industries that are protected from foreign competition, but they can harm consumers who face higher prices.

  • Potential Benefits: They can be used as a tool to pressure other countries to lower their own tariffs, leading to fairer trade practices.
  • Potential Drawbacks: They can escalate into trade wars, harming consumers and businesses in all countries involved. Reciprocal tariffs can disproportionately affect smaller economies that are more reliant on trade.
  • Whom do they benefit? They may benefit domestic industries that are protected from foreign competition, but they can harm consumers who face higher prices.

Practice Questions (MCQs)

1. Consider the following statements regarding the International Emergency Economic Powers Act (IEEPA) of 1977: 1. It authorizes the U.S. President to regulate economic transactions during a declared national emergency. 2. It explicitly grants the President the power to impose customs duties on imports. 3. The recent U.S. Supreme Court ruling upheld the President's authority to impose tariffs under IEEPA. Which of the statements given above is/are correct?

  • A.1 only
  • B.2 only
  • C.1 and 3 only
  • D.1, 2 and 3
Show Answer

Answer: A

Statement 1 is CORRECT: The IEEPA authorizes the U.S. President to regulate economic transactions during a declared national emergency. Statement 2 is INCORRECT: The Supreme Court ruled that the IEEPA does NOT explicitly grant the President the power to impose customs duties. Statement 3 is INCORRECT: The Supreme Court ruling struck down the President's authority to impose tariffs under IEEPA.

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About the Author

Richa Singh

International Relations Enthusiast & UPSC Writer

Richa Singh writes about International Relations at GKSolver, breaking down complex developments into clear, exam-relevant analysis.

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