Trump's Section 122 Tariffs Could Spur New Legal Battle, Experts Say

February 24, 2026

TL;DR

President Trump's use of Section 122 of the Trade Act of 1974 to impose a 15% global tariff is unprecedented.
Trade experts suggest this move could face legal challenges because Section 122 is intended for balance-of-payments crises, not trade deficits.
The tariffs imposed under Section 122 are temporary, lasting only 150 days, and require Congressional approval for extension.
This action adds uncertainty for businesses, potentially hindering investment and impacting economic growth.
The administration may be using Section 122 as a temporary measure before implementing more durable tariffs under other laws.

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