Trump's Latest Tariffs Mirror Those Supreme Court Already Invalidated

What Trump Said

President Trump was blunt in a recent Fox News interview. He said it is "a shame" that he has to go "a harder way for the tariffs" because the Supreme Court, in a "very close decision," ruled against him.

That interview aired July 28, 2026. Trump was referencing a Feb. 20, 2026 Supreme Court decision that invalidated his earlier "liberation day" duties, which imposed a 10% near-global reciprocal baseline and placed dozens of nations under higher personalized rates.

So the administration shifted to a different legal authority - Section 301 - to impose fresh tariffs covering products from over 80 countries. Those new tariffs range from 10% to 12.5%.

The previous "liberation day" tariff had a 150-day lifespan and therefore expired automatically. The new Section 301 tariffs kicked in right after that.

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The Legal Challenge

Liberty Justice Center's chairman and CEO, Sara Albrecht, put it simply: "Changing the statute doesn't change the law - and changing the stated rationale doesn't make an unlawful tariff lawful."

Section 301 of the Trade Act of 1974 permits the president to levy tariffs on nations engaged in unfair trade practices. The administration asserts the new duties target forced labor, a cause Trump has long championed. But critics argue the product scope and rate levels are nearly identical to the struck-down "liberation day" tariffs, making the shift a legal workaround.

The administration says the new tariffs are about forced labor, a cause Trump has prioritized "for many years," according to an unnamed senior official. But critics say that is just a cover.

Officials at the U.S. Trade Representative's office did not reply to a request for comment. The lawsuit is now moving forward, and Trump's interview could be a key piece of evidence.

During Tuesday's interview, Trump also brushed aside worries that his levies on imports might damage the economy, particularly as rising living costs for Americans become a key theme in the forthcoming midterm elections. "The tariffs have made this country a fortune," Trump said. He also asserted that his tariff policies have helped end multiple wars. "These tariffs - it's the greatest thing," he said.

Background on the Tariff Dispute

The Supreme Court's February ruling struck down the original "liberation day" tariffs on grounds that the president had exceeded his constitutional authority over trade. That decision forced the White House to search for alternative legal footing. Section 301, typically used to combat foreign unfair trade practices, offered a narrower but still powerful tool.

Critics argue this amounts to a de facto reinstatement of the invalidated policy, merely relabeled to avoid judicial review. The lawsuit filed Friday, led by Liberty Justice Center, a legal nonprofit, seeks to block the new tariffs before they cause further economic disruption.

The case will test whether the administration can use separate statutory authority to achieve the same result the court forbade.

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