President Trump and Commerce Secretary Howard Lutnick at press conference after SCOTUS decision. Wash DC, Feb 20, 2026. Getty // Chen Mengtong
Q1. On Friday, the Supreme Court (SCOTUS) ruled 6-3 that President Trump's use of the 1977 International Emergency Powers Act (IEEPA) to impose "reciprocal" tariffs was illegal. Three of the six conservative justices voted in the majority — Roberts, Gorsuch, and Barrett.
IEEPA allows for regulation of trade with the use of embargoes or quotas in emergency situations, but does not mention tariffs and had not been used for tariffs in the past. SCOTUS ruled that the Act did not allow for tariffs, siding with the view that the Constitution gives Congress, not the president, broad tariff authority.
According to some estimates, the current global tariff rate imposed by the US is 17%. Without reciprocal tariffs it's 7% . The average for the 40 years prior to Trump's first term was 2%.
How do you view this ruling?
IEEPA allows for regulation of trade with the use of embargoes or quotas in emergency situations, but does not mention tariffs and had not been used for tariffs in the past. SCOTUS ruled that the Act did not allow for tariffs, siding with the view that the Constitution gives Congress, not the president, broad tariff authority.
According to some estimates, the current global tariff rate imposed by the US is 17%. Without reciprocal tariffs it's 7% . The average for the 40 years prior to Trump's first term was 2%.
How do you view this ruling?
overall
custom
male
female
rep
ind
dem
18-29
30-44
45-64
65+
Don't care
0%
0%
0%
0%
1%
0%
0%
0%
0%
0%
Q2. Late Friday, President Trump signed an order to replace the roughly 10% global tariffs he issued under IEEPA with the same tariffs under Section 122 of the Trade Act of 1974. That provision allows a president to levy tariffs of up to 15% to address "large and serious" balance of payment deficits or imminent currency depreciation.
However, tariffs under Section 122 are temporary, lasting up to 150 days, after which Congress must extend them or they expire. In theory, if Congress declines to extend them, the administration could declare a new balance of payments emergency and reimpose them. It is unclear what would happen in that case, in part because Sec 122 doesn't address it, and because Sec 122 had not been invoked previously.
What do you think will happen after 150 days?
However, tariffs under Section 122 are temporary, lasting up to 150 days, after which Congress must extend them or they expire. In theory, if Congress declines to extend them, the administration could declare a new balance of payments emergency and reimpose them. It is unclear what would happen in that case, in part because Sec 122 doesn't address it, and because Sec 122 had not been invoked previously.
What do you think will happen after 150 days?
overall
custom
male
female
rep
ind
dem
18-29
30-44
45-64
65+
Congress extends
12%
10%
12%
21%
7%
4%
0%
7%
17%
12%
12%
Congress lets expire, Trump re-ups
69%
71%
67%
61%
71%
75%
96%
70%
63%
67%
69%
Congress lets expire, Trump does not re-up
9%
10%
9%
9%
7%
10%
0%
15%
7%
9%
9%
Not sure
10%
8%
12%
9%
10%
11%
0%
9%
13%
11%
10%
Don't care
1%
1%
0%
0%
4%
0%
4%
0%
1%
1%
Q3. Friday's ruling is the first time the Supreme Court has definitively struck down one of Trump’s second-term policies.
SCOTUS had previously ruled several times this term in Trump's favor when his administration appealed injunctions put in place by lower courts while challenges to Trump policies were being heard in lower courts. For example, SCOTUS rulings allowed the President to continue to fire government workers en masse, cut federal research grants, and rapidly expel immigrants, while challenges to those policies were being heard. One injunction SCOTUS did let stand was deployment of the National Guard to Illinois.
Do you think Friday's ruling indicates anything about the Court's future decisions on the legality of Trump policies?
SCOTUS had previously ruled several times this term in Trump's favor when his administration appealed injunctions put in place by lower courts while challenges to Trump policies were being heard in lower courts. For example, SCOTUS rulings allowed the President to continue to fire government workers en masse, cut federal research grants, and rapidly expel immigrants, while challenges to those policies were being heard. One injunction SCOTUS did let stand was deployment of the National Guard to Illinois.
Do you think Friday's ruling indicates anything about the Court's future decisions on the legality of Trump policies?
overall
custom
male
female
rep
ind
dem
18-29
30-44
45-64
65+
No
56%
64%
51%
68%
50%
49%
24%
63%
60%
56%
56%
Makes more likely they will be struck down
30%
28%
33%
23%
26%
38%
72%
23%
26%
30%
30%
Makes more likely they will be upheld
2%
2%
3%
4%
2%
1%
0%
0%
4%
4%
2%
Not sure
10%
6%
14%
5%
21%
12%
4%
14%
9%
10%
10%
Don't care
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
SCOTUS did not rule on what is to be done with the $175b collected under the now illegal tariffs. That issue goes back to the US Court of International Trade, which originally ruled the tariffs illegal. If that court rules the tariffs should be refunded, they would go to the importers that paid them (Walmart, mom and pop hardware store, etc.) not to consumers who may ultimately have paid for some or all of the tariffs.
Sept 2025
40% Want reciprocal tariffs upheld
56% Want struck down
53% SCOTUS will leave them in place
14% Strike down
17% Won’t make a decision, kick back to lower courts
44% Want importers to be refunded their tariffs if struck down
42% Did not
Nov 2025
IEEPA allow quotas and embargoes, but does it allow tariffs?
41% Yes
49% No
Would you prefer tariffs or quotas used to regulate imports? 38% Tariffs
48% Import quotas
Sept 2025
40% Want reciprocal tariffs upheld
56% Want struck down
53% SCOTUS will leave them in place
14% Strike down
17% Won’t make a decision, kick back to lower courts
44% Want importers to be refunded their tariffs if struck down
42% Did not
Nov 2025
IEEPA allow quotas and embargoes, but does it allow tariffs?
41% Yes
49% No
Would you prefer tariffs or quotas used to regulate imports? 38% Tariffs
48% Import quotas
Topics
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