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President Donald Trump holds a press conference. (Photo: Whitehouse.gov)

What is Trump’s Plan B After Supreme Court Strikes Down Tariffs?

The bottom line is President Trump can immediately reimpose a 10% tariff according to senior White House economic officials

By Katy Grimes, February 20, 2026 11:29 am

UPDATE below: In a rare loss for President Donald Trump, the United States Supreme Court struck down some of Trump’s tariffs on Friday. The ruling impacts the 10 percent tariff Trump imposed on most countries, as well as specific, higher tariffs on some of the top U.S. trading partners, including Canada, Mexico, China, the European Union, Japan and South Korea, Politico reported.

“The 6-3 decision is a rare instance of the conservative-led court reining in Trump’s expansive use of executive power,” Politico said.

But this is not a “no-tariff” decision as most of the media would have you believe.

In a press conference Friday morning, Trump expressed his disappointment with the decision, and especially the three conservative justices who sided with the three liberal justices, but congratulated Justices Alito, Thomas and Kavanaugh for their “love of country.” He said about the dissenting opinions by Alito, Thomas and Kavanaugh, “no one can argue against them. Foreign countries have been ripping us off for a long time.”

“This was a very important case to me, for national security. And important to our country because we are doing so well… never done so well,” Trump said.

He said he was “well-behaved” with tariffs, and kept them modest so the court would notice.

Trump said “the stock market just broke 50K on the Dow, and 7,000 on S&P – two numbers everyone thought could not be attained. They said it could not be done in four years – We did it in one year. We broke every record in the book.”

Trump noted that tariffs have been likewise used to settle five of eight wars. The President of Pakistan told Trump today he saved 35,000,000 lives by ending the potential war with India. Tariffs stopped fentanyl from coming into country, as well.

He added that “Tariffs all will remain after this decision, since there’s no one left to appeal to. We have alternatives. Could be more money. We’ve taken in hundreds of millions of dollars. To show you how ridiculous the decision is, the court said I can’t even charge $1, which must be done to protect other countries. But I am allowed to cut off all trade… I can destroy other countries, embargo, but can’t charge $1. I’m allowed to embargo them and not do business with the U.S. anymore…”

Trump specifically named Justice Brett Kavanaugh again, and said, “I’m so proud of him,” whose dissent offers a roadmap ahead.

Here is President Trump’s statement:

The Supreme Court’s Ruling on TARIFFS is deeply disappointing! I am ashamed of certain Members of the Court for not having the Courage to do what is right for our Country. I would like to thank and congratulate Justices Thomas, Alito, and Kavanaugh for your Strength, Wisdom, and Love of our Country, which is right now very proud of you. When you read the dissenting opinions, there is no way that anyone can argue against them. Foreign Countries that have been ripping us off for years are ecstatic, and dancing in the streets — But they won’t be dancing for long! The Democrats on the Court are thrilled, but they will automatically vote “NO” against ANYTHING that makes America Strong and Healthy Again. They, also, are a Disgrace to our Nation. Others think they’re being “politically correct,” which has happened before, far too often, with certain Members of this Court when, in fact, they’re just FOOLS and “LAPDOGS” for the RINOS and Radical Left Democrats and, not that this should have anything to do with it, very unpatriotic, and disloyal to the Constitution. It is my opinion that the Court has been swayed by Foreign Interests, and a Political Movement that is far smaller than people would think — But obnoxious, ignorant, and loud!

This was an important case to me, more as a symbol of Economic and National Security, than anything else. The Good News is that there are methods, practices, Statutes, and other Authorities, as recognized by the entire Court and Congress, that are even stronger than the IEEPA TARIFFS, available to me as President of the United States of America and, in actuality, I was very modest in my “ask” of other Countries and Businesses because I wanted to do nothing that could sway the decision that has been rendered by the Court.

I have very effectively utilized TARIFFS over the past year to, MAKE AMERICA GREAT AGAIN. Our Stock Market has just recently broken the 50,000 mark on the DOW and, simultaneously, 7,000 on the S&P, two numbers that everybody thought, upon our Landslide Election Victory, could not be attained until the very end of my Administration — Four years! TARIFFS have, likewise, been used to end five of the eight Wars that I settled, have given us Great National Security and, together with our Strong Border, reduced Fentanyl coming into our Country by 30%, when I use them as a penalty against Countries illegally sending this poison to us. All of those TARIFFS remain, but other alternatives will now be used to replace the ones that the Court incorrectly rejected.

Governor Gavin Newsom’s teenage press team did not disappoint with their hyperbole, and posted this on X:

California’s Attorney General Rob Bonta also claimed that it is Trump’s tariffs causing California’s mom and pop businesses and consumers financial pain. He said it with a straight face, as if it’s Trump’s tariffs causing the massive migration out of California by the middle class and billionaires.

The bottom line is: President Trump can immediately reimpose a 10% tariff according to senior White House economic officials.

“We can put a 10% tariff on right away to make up most of the room,” National Economic Council Director Kevin Hassett said on Fox Business. After that, he added, the administration could move on to other, more lasting tariff authorities like Section 301 of the Trade Act of 1974, which covers discriminatory trade practices, or Section 232 of the Trade Expansion Act, which covers national security threats, the Wall Street Journal reported.

“Those two tariff authorities, Hassett said, could ‘backfill the things we’ve already achieved in these great deals with countries,’ referring to the trade pacts Trump has struck with foreign governments using his tariffs as leverage.”

My thoughts: On an aside, there is a political angle to this decision. I think it was calculated because Justice John Roberts knows that President Trump has a legal back up plan for tariffs – remember, this is not a “no-tariff” decision. The other two big Supreme Court cases coming up are far more important and will have lasting impact – birthright citizenship, and racial gerrymandering, both of which I think the Supreme Court will shoot down. For those keeping track of President Trump’s wins and losses at the Supreme Court, I think this SCOTUS defeat is important in the big picture so Trump doesn’t wins everything with this court.

This is not more doom and gloom as the liberal media is portraying.

The Globe will report back with more detail.

UPDATE: Treasury Sec. Scott Bessent just announced he and Trump have been making big plans, and Tariff revenue will be *unchanged* in 2026. “Let’s be clear about what today’s ruling WAS and what it WASN’T. Despite the misplaced GLOATING from Democrats, ill-informed media outlets, and the very people who gutted our industrial base, the Court did not rule against President Trump’s tariffs.” “Six justices simply ruled that IEEPA authorities cannot be used to raise even $1 of revenue.” “This administration will invoke alternative legal authorities to replace the IEEPA tariffs.” “We will be leveraging Section 232 and Section 301 tariff authorities that have been validated through thousands of legal challenges.” “Treasury’s estimates show that the use of Section 122 authority, combined with potentially enhanced Section 232 and Section 301 tariffs, will result in virtually unchanged tariff revenue in 2026.”

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3 thoughts on “What is Trump’s Plan B After Supreme Court Strikes Down Tariffs?

  1. I agree with your assessment that this is not doom and gloom. I see a potential angle of the establishment being portrayed as fighting for big multi country foreign interests at the expense of everyday America. I believe that tariffs are still in America’s future. The establishment does not want to see the IRS abolished and all the collateral damage that would come with the end of it.

  2. “California’s Attorney General Rob Bonta also claimed that it is Trump’s tariffs causing California’s mom and pop businesses and consumers financial pain. He said it with a straight face”

    Funny how he didn’t car about mom and pop businesses when the state shut them down for years for a flu virus. He didn’t care when the state sent out billions of dollars unemployment benefits to fraudsters, and it now billing the mom and pop businesses for the money the state irresponsibly sent out. He doesn’t care about mom and pop businesses being robbed by criminals the state lets out of prison early and illegals who shouldn’t be here. Bottom line, all the propaganda from Bonta doesn’t change the fact that Democrats like Bonta don’t care at all about small businesses or the middle class. Action speaks louder than words.

  3. Thank you, Katy, for the calming clarification that this is not a “no tariffs” decision and for your other helpful thoughts about this issue.

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