Trump Turns Supreme Court Loss Into a Trade War Escalation, Upping Global Tariffs to 15% Overnight

President Donald Trump wasted no time turning a humiliating legal defeat into what his administration framed as an even bolder move. Less than 24 hours after the US Supreme Court ruled 6-3 that his sweeping emergency import tariffs were unlawful, Trump announced he was raising a freshly signed global tariff from 10% to 15%—the maximum permitted under the alternative trade law he had pivoted to just the night before.

The announcement came via Truth Social on Saturday, 21 February, a day after the court's ruling sent shockwaves through global markets and trade capitals. Trump cited his review of what he called the 'ridiculous, poorly written, and extraordinarily anti-American decision on Tariffs' as the basis for the hike. 'I, as President of the United States of America, will be, effective immediately, raising the 10% Worldwide Tariff on Countries, many of which have been "ripping" the U.S. off for decades... to the fully allowed, and legally tested, 15% level,' he wrote.

From Defiance to Escalation

The sequence of events was striking even by the standards of Trump's presidency. On the morning of 20 February, the Supreme Court ruled in a 6-3 decision that Trump had exceeded his authority by using the International Emergency Economic Powers Act, or IEEPA, a 1977 emergency statute. Chief Justice John Roberts, writing for the majority, noted that IEEPA 'contains no reference to tariffs or duties' and that no previous president had ever read the law to confer such power.

By that same evening, Trump had already signed an executive order imposing a 10% global tariff under a different legal avenue—Section 122 of the Trade Act of 1974. By the following morning, he had raised it to 15%, the maximum ceiling that the statute allows. Treasury Secretary Scott Bessent said the shift to alternative authorities would result in 'virtually unchanged tariff revenue in 2026.'

The Legal Tightrope

Section 122 was never previously invoked to impose tariffs, making Trump's use of it a historic first, though one with notable constraints. Any measures under the statute automatically expire after 150 days unless Congress votes to extend them, and they must be applied uniformly across all countries rather than targeting specific trade partners. The White House fact sheet confirmed the temporary import duty would take effect on 24 February at 12:01 ET.

That 150-day clock is now ticking, and it puts Congress squarely at the centre of the next phase. When asked at Friday's press briefing about the time limit and the need for congressional approval to extend the tariffs, Trump brushed it aside. 'We have the right to do pretty much what we want to do,' he told reporters.

Fury Aimed at His Own Nominees

What made Trump's response particularly sharp was the direction of some of his harshest words—aimed not at a political opponent, but at two justices he hand-picked himself. After Justices Neil Gorsuch and Amy Coney Barrett voted with the majority, Trump unleashed on them publicly. 'I think their decision was terrible,' he told reporters at the White House. 'I think it's an embarrassment to their families, you want to know the truth, the two of them.'

Earlier in the day, Trump had told governors gathered at the White House that the ruling was 'a disgrace'—reading the news in a note before abruptly leaving the room, according to a governor present, as reported by CNN. At the subsequent briefing, he went further, saying he was 'ashamed of certain members of the court, absolutely ashamed for not having the courage to do what's right for our country.'

What Comes Next

Beyond the 15% global rate, Trump signalled that more targeted tariffs are on the way, warning in his Saturday Truth Social post that 'during the next short number of months, the Trump Administration will determine and issue the new and legally permissible Tariffs.' The White House confirmed that Section 232 and Section 301 tariffs—covering national security and unfair trade practices, respectively—remain fully in place.

Meanwhile, the question of refunds looms large. Penn Wharton Budget Model economists estimated that more than $175 billion in tariff revenue collected under IEEPA could be subject to repayment. Trump suggested he had no immediate plans to return the money, saying the issue would likely be 'litigated for the next two years.'

The rapid escalation reveals how central tariffs remain to Trump's identity as a president—and how little a Supreme Court rebuke can do to slow him down in the short term. The administration's swift pivot to Section 122 underscores that it had contingency plans in place, and that Trump views the legal setback not as a stop sign, but as a detour. The deeper question, whether Congress will extend these measures past the 150-day mark, and whether a fresh wave of legal challenges will follow, could define the shape of US trade policy for the remainder of his term.

Originally published on IBTimes UK