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The Supreme Court Rewrites the Rules of the Game

The Supreme Court’s February 20, 2026, decision in the cases of Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, Inc. marks a structural turning point in U.S. trade policy. The justices ruled that the IEEPA—a statute designed to freeze enemy assets or regulate financial transactions in times of crisis—cannot be invoked to impose tariffs. The power to tax imports belongs constitutionally to Congress, and any delegation of that power to the president must be explicit. It was not explicit under the IEEPA.

The consequences were immediate and severe. All so-called reciprocal tariffs imposed since April 2025, the base tariff of 10%, the emergency surcharges related to the fentanyl crisis, and above all the 40% tariff imposed specifically on Brazil in the summer of 2025—all of this vanished. The U.S. government was left facing a potential bill of more than $130 billion in possible reimbursements to aggrieved importers. The Court left the reimbursement mechanisms unresolved, a poisoned chalice for the lower courts.

Section 301: A Slower but Court-Proof Weapon

USTR Jamieson Greer, in a statement released the very day of the Supreme Court’s ruling, laid out the path for reinstating tariffs: launching new investigations under Section 301 on an accelerated timeline. This section of the 1974 Act requires a formal process—investigation, public consultation, and a hearing—but it is immune to the legal challenges that brought down the IEEPA. The Section 301 tariffs imposed on China since Trump’s first term have never been overturned. It is this robust legal model that Washington now wants to apply to Brasília.

The specific investigation into Brazil was launched on July 15, 2025, at the direction of President Trump. It already focused on the six areas mentioned above. The June 2026 ruling is therefore the conclusion of a process that began a year earlier, and its publication comes precisely as the administration seeks to rebuild its trade arsenal on a more solid legal foundation. This is no coincidence: it is a strategy.


Credit where credit is due: procedurally speaking, Section 301 is infinitely more robust than the IEEPA. The Trump administration has learned a painful lesson from its early years. But a more legally sound weapon is not necessarily a fairer one, and procedural legitimacy cannot mask the political motivations evident in the choice of targets.

This content was created with the help of AI.

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