Supreme Court Says President Not Authorized to Impose Tariffs

Feb 20, 2026 | Press Release

This morning, the Supreme Court handed down their long-anticipated decision regarding the President’s authority to implement additional duty rates under the International Emergency Economic Powers Act (IEEPA).

In a 6-3 decision, they found that IEEPA “does not authorize the President to impose tariffs”, this decision does not affect the 232/301 tariffs that are currently in place.

No guidance by CBP has been given regarding how this decision will be implemented or how it relates to prior duties paid under the IEEPA provision.

FOCUS will continue to monitor for any additional guidance and instructions from CBP and other affected agencies and share

Supreme Court IEEPA Opinion – https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf

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