Trump adds new 10% temporary tariff after Supreme Court decision

by · UPI

Feb. 20 (UPI) -- President Donald Trump announced Friday afternoon that he will impose a new "10% global tariff under Section 122" in addition to other tariffs already in place in response to the Supreme Court's decision earlier in the day saying he doesn't have unilateral authority to impose tariffs.

Trump said the new tariff will be "over and above our normal tariffs already being charged."

The high court's 6-3 decision struck down some of the broad tariffs Trump has imposed across the world from the Executive Branch. Chief Justice John Roberts said the president "must identify clear congressional authorization" to use the International Emergency Economic Powers Act to impose tariffs.

"We're also initiating several sections, 301 and other investigations to protect our country from unfair trading practices of other countries and companies," NBC News reported he said.

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Section 122 allows the president to create a "temporary import surcharge" of up to 15% if he believes there are "large and serious" deficits to prevent depreciation of the dollar in foreign exchange markets. The law limits the tariffs to 150 days without congressional approval of an extension.

When asked if he intends to keep the temporary tariff in effect indefinitely, he responded, "We have a right to do pretty much what we want to do, but we're going to charge it starting, effectively I think, it's three days from now."

The decision came down in a lawsuit with several small businesses and Democratic attorneys general sued the Trump administration over improperly imposing tariffs. The plaintiffs argued that Trump was using the tariffs to raise revenue, a responsibility that falls under the scope of U.S. Congress, not the president.

While the Justice Department claimed that Trump was using tariffs to regulate foreign goods, Trump often said the tariffs were bringing in substantial revenue to the federal government.

Tariffs that Trump imposed using other laws will remain in place, such as tariffs on steel and aluminum.

Roberts added that the Trump administration has not provided any statutory support to its claim that the International Emergency Economic Powers Act applies to tariffs.

"We hold that the IEEPA does not authorize the president to impose tariffs," Roberts wrote in the majority opinion.

Justices Clarence Thomas, Brett Kavanaugh and Samuel Alito, all conservative justices, dissented.

The president thanked the dissenting justices, particularly Justice Brett Kavanaugh, who wrote the dissent.

"I would like to thank Justice Kavanaugh for his, frankly, his genius and his great ability," he said. "Very proud of that appointment in actuality."

Friday's decision is the first in which a legal challenge to Trump's second-term policies received a full hearing and resolution from the U.S. Supreme Court.

This week in Washington

President Donald Trump speaks alongside Administrator of the Environmental Protection Agency Lee Zeldin in the Roosevelt Room of the White House on Thursday. The Trump administration has announced the finalization of rules that revoke the EPA's ability to regulate climate pollution by ending the endangerment finding that determined six greenhouse gases could be categorized as dangerous to human health. Photo by Will Oliver/UPI | License Photo