President Donald Trump holds a press conference at the White House in Washington, D.C., on February 20, 2026, after the Supreme Court of the United States rules that he exceeds his authority in imposing tariffs. (Photo: REUTERS/Kevin Lamarque)

Democratic states, including New York, California, and Oregon, say the new tariffs, which Trump announced immediately after the Supreme Court ruling on February 20, are illegal.

The new order issued by the White House cites the Trade Act of 1974 to impose tariffs for 150 days. Section 122, which has never before been invoked, allows the president to impose tariffs of up to 15%. The tariffs are limited to five months, unless extended by Congress, and are meant to address short-term monetary emergencies, not routine trade deficits.

In response, White House spokesperson Kush Desai said the administration would firmly defend the President’s actions in court, emphasizing that the President is exercising authority granted by Congress to address issues related to international payments and the US balance-of-payments deficit. Treasury Secretary Scott Bessent said the current 10% tariff rate could rise to 15%.