As of January 28, 2026, the entire nation patiently waits on the all-important U.S. Supreme court ruling regarding the overall legality of President Trump’s use of tariffs. This case, which has bee the topic of discussion for months on end, centers on whether Trump exceeded his constitutional authority by bypassing Congress to impose broad duties. With no conclusion set, the main question is, when will the supreme court finally reach its verdict.
The Constitutional Standstill
As the supreme court debates whether the executive branch has exceeded its authority under Section 232 of the Trade Expansion Act, the “Non-Delegation Doctrine” remains the focal point. The courts must decide if “national security” can be applied to economic trade imbalances, a decision that will cement or dismantle the 50% tariff framework. The administration argues that the president requires broad flexibility to protect the American economy from “economic aggression” and “national security threats” posed by foreign trade imbalances.
The “National Security” Definition
A major point of discussion is how the Court defines “national security.” The Trump administration has argued that a weakened domestic industrial base is a security threat. Critics argue that if “national security” is defined broadly, there are virtually no limits on presidential power over the private economy. Therefore, the current and future limitless use of tariffs would be legal no matter the circumstance. This can have a detrimental impact not only to both the US and International economies, but to relations with other countries in the mix as well.
A Possible New Response?
The urgency of an answer has been heightened by Trump’s Monday announcement of increased tariffs on goods from South Korea, from 15% to 25% due to “South Korea’s Legislature not living up to its deal with the United States,” as stated on X. The nine justices have begun a recess and are next scheduled to take the bench and possibly issue opinions on February 20. However, they could interrupt this recess if a decision was finished before then. It’s important to note that this will be unlikely the case, however.
The IEEPA
Under the 1977 IEEPA (The International Emergency Economic Powers Act), the president can control imports if a national emergency poses an “unusual and extraordinary threat” to the U.S. Although typically used for economic penalties, it has never served as a basis for tariffs. During the proceedings, Justice Barrett suggested that the administration’s move into uncharted territory, applying the law to tariffs for the first time could be a legal weakness. An important thing to also note is that Section 232 tariffs will not be going away. Section 232 tariffs are import taxes used to protect national security. Under a 1962 law, the government can apply these duties if the Department of Commerce determines that specific foreign goods are a threat to the country.
A Fork in the Road
The debate over tariffs isn’t black and white. On one side, they are necessary for securing our military assets; on the other, inconsistent policy changes make them difficult to use as a reliable bargaining chip. Regardless of the political climate, the ‘safety first’ approach is best: stay compliant with CBP rules and keep a close eye on updates until the dust settles.
Why TradeFlex?
Strategic decision-making and collaboration are crucial for navigating these challenges and ensuring growth and success in the globalized supply chain. With careful management and informed policy decisions, there are opportunities for growth and success in the complex landscape of global manufacturing.
Here at TradeFlex, we can guide and help overcome the possible issues that may arise in the future and provide a long-lasting partnership that will help overcome any obstacle. With our El Paso and Valley locations, we deliver the best dedicated and reliant teams no matter your location. We are always ready to share a helping hand. Visit us at https://trade-flex.com/ for more details.
