Published in The Procurement Lawyer, Volume 62, Number 1, Fall 2026. © 2026 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
The US tariff litigation landslide continues to rumble downhill. On February 20, 2026, the US Supreme Court struck down tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA), holding that IEEPA does not authorize the president to impose tariffs. The administration responded by imposing a 10 percent global tariff under Section 122 of the Trade Act of 1974.