After SCOTUS Blocks Key Tariffs, Here Are the Loopholes Trump Could Still Use

Trump could levy import taxes through four other trade rules.

BY AVA LEVINSON, NEWS WRITER

The US Supreme Court during a rain storm in Washington, DC, US, on Friday, Feb. 20, 2026. The court’s new opinion day comes amid signs that Congress is starting to push back against the tariffs, with the Republican-led House last week voting to end some levies on Canadian imports, approving legislation to dissolve the emergency declaration that provided the legal basis for them. Photographer: Annabelle Gordon/Bloomberg

This morning the U.S. Supreme Court ruled that most of President Donald Trump’s tariffs imposed under the International Emergency Economic Powers Act (IEEPA) were illegal, finding that he didn’t have the authority under a national emergency to justify the import taxes. 

Still, a strike down on the tariffs from the highest court in the land doesn’t mean that all bets are off for Trump’s trade war. Other routes exist that would allow him to impose the taxes, albeit with stricter limitations. 

Alternate Legal Pathways 

The administration could take a few different routes to maintain the heated tariff environment, though they don’t carry the same power as the IEEPA. 

Section 301 of the Trade Act of 1974 allows the U.S. to investigate whether a country is engaging in unfair trading. If the investigators conclude foul play, meaning the country is violating trade agreements or hurting U.S. commerce, Trump would have the power to impose tariffs on products from that country.

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However, Section 301 cannot be carried out instantly or without a “comprehensive assessment,” according to the Atlantic Council. 

Through Section 232 of the Trade Expansion Act of 1962, the government can assess whether certain imports pose a threat to U.S. national security. If a risk is identified, Trump could impose tariffs on those products coming from various countries. This provision doesn’t require as many procedural steps as Section 301, but it can only be used for products posing national security concerns. 

Still, national security as a term isn’t strictly defined, meaning Trump’s interpretation is more flexible.

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