Investors, executives and government leaders across the globe are assessing the impact of a landmark U.S. Supreme Court decision that struck down President Donald Trump’s trade policy, as well as the subsequent White House response.
On Feb. 20, the Court ruled that the President unlawfully invoked the International Emergency Economic Act (IEEPA) to implement broad tariffs. The majority of Supreme Court justices agreed that tariffs are taxes and, according to the Constitution, only the U.S. Congress has taxing authority, not the executive branch.
U.S. equities gained following the announcement, reflecting expectations that lower effective tariffs could support global growth.
The White House responded swiftly to rebuild one of the main pieces of President Trump’s policy. The next day, the president announced a 15% global tariff by invoking Section 122 of the Trade Act of 1974. This provision allows the president to impose tariffs for up to 150 days. Any extension would need Congress approval.
The ruling effectively halts collection of tariffs previously levied under IEEPA. Given that the Court struck down that authority entirely, continued collections would lack legal basis.
Policy: Uncertainty in the Near Term
The Supreme Court didn’t clarify whether the Trump administration has to repay tariffs deemed illegally collected, nor when that potential payment would occur. Importers are trying to figure out whether they can ask for billions of dollars in refunds.
“This will likely result in prolonged uncertainty as the decision on refunds will be left to the lower courts,” says Ariana Salvatore, Morgan Stanley’s Head of U.S. Public Policy Research. “In the past, refunds were initially limited only to companies that proactively filed complaints or litigation, which may ultimately limit the scope of reimbursements.”
Looking ahead, Salvatore notes that the ruling may open a path for the administration to soften portions of the existing tariff regime ahead of the midterm elections as a way to address affordability issues.
“We still expect the President to pursue a lighter‑touch tariff policy under the surface—more exceptions, carve‑outs and delays—consistent with recent administrative actions,” she says. “This could benefit countries and products that are more difficult to accuse of trade misconduct.”
A New Tariff Math
Overall tariffs, which peaked at around 16% in late 2025, would fall to 11% from 13% after the latest developments, according to Morgan Stanley Research estimates. If Congress doesn’t approve an extension of the 15% global tariffs under Section 122, the effective level could drop even further, to 6% to 7%.
Effectively, the Supreme Court decision matters more for some trading partners than others. For example, it could benefit consumer goods, especially toys, footwear, furniture and consumer electronics coming from countries like Vietnam, India, Indonesia, Malysia and Thailand. Tariffs on China imports would be lowered by 7%. However, the Trump administration could most likely still use Section 301 tariffs—or trade penalties for unfair trade practices—to keep levies at the current level.
For Mexico and Canada trade, the effective tariff level would fall by less than 1%, while the impact on imports from the European Union, Japan, South Korea and Taiwan remains unclear.
