Federal Court Declares 10% Global Tariff Unconstitutional, Striking Down Executive Order

ft.com · 2026-05-07
Federal Court Declares 10% Global Tariff Unconstitutional, Striking Down Executive Order

The U.S. Court of International Trade has ruled that the administration’s 10% global tariff, implemented under Section 122 of the Trade Act of 1974, is legally unauthorized. The landmark decision challenges the executive branch's authority to impose broad trade levies without explicit congressional approval, marking a significant victory for business coalitions that argued the tariffs were an overreach of presidential power. While the ruling provides a potential path toward lower import costs and reduced inflationary pressure, it also introduces substantial uncertainty for the global supply chain. The administration is expected to appeal the decision, setting up a potentially protracted legal battle that could reach the Supreme Court. The verdict not only forces an immediate re-evaluation of current trade strategy but also pushes Congress to revisit the limits of presidential discretion in foreign commerce. The ruling sets a critical precedent, suggesting that the judiciary will hold future executive economic policies to a much stricter constitutional standard.