24 States Sue Over Trump's Replacement 10% Tariffs Two Weeks After His Supreme Court Loss

On March 5, 2026, two dozen states filed suit in the U.S. Court of International Trade challenging the 10 percent global tariffs the administration imposed under Section 122 of the Trade Act of 1974 after the Supreme Court struck down the earlier emergency tariffs. Trump had threatened to raise the Section 122 rate to 15 percent. The states argued that the president had again exercised tariff authority he does not have, under a statute that does not authorize the tariffs he imposed, and that doing so disrupts the constitutional separation of powers. They asked the court to declare the tariffs unlawful and to order refunds of amounts collected.

The suit tests whether a second statutory hook can sustain a tariff program the Supreme Court had just rejected under the International Emergency Economic Powers Act. Section 122 is a narrow balance-of-payments provision with its own rate and duration limits, and the case asks how far a president may move between authorities to preserve the same policy.

The Court of International Trade invalidated the replacement 10 percent global tariff on May 7, 2026.