Cindy's Version: Congress, Not the President: Supreme Court Limits IEEPA Tariff Power

Host: Cindy Allen Published: February 20, 2026 Length: ~18 minutes Presented by: Global Training Center Summary “Tariff Friday” may go down as one of the most pivotal days in recent trade history. In this episode of Simply Trade: Cindy’s Version, Cindy Allen breaks down the U.S. Supreme Court’s 6–3 decision ruling that IEEPA does not authorize the President to impose tariffs. The Court found that the authority to levy taxes and tariffs belongs to Congress, and that the term “regulate” under IEEPA does not include the power to raise revenue. Inspired by Taylor Swift’s Opalite, Cindy walks through what the ruling actually says, what it does not say, and what importers and customs brokers should do right now while awaiting further instruction from the Court of International Trade (CIT) and CBP. The decision may have brought sunlight—but operational clarity will take time. This Week in Trade (Before the Ruling) • Awaiting details on Taiwan 15% MFN (or higher) structure • Pending clarification on India IEEPA reciprocal adjustment (25% to 18%) • Indonesia agreement announced with 19% tariff and textile tariff-rate quota • No movement on elimination of First Sale • No further action on ending IEEPA on Canada • U.S. manufacturing indicators down; stock market up The Supreme Court Decision The Supreme Court issued a 6–3 opinion finding that IEEPA does not grant authority to impose tariffs. Key findings: • IEEPA contains nine enumerated action verbs — none include taxing or raising revenue • Congress alone holds the constitutional authority to levy tariffs • Specific delegated authorities (Sections 301, 232, 122, 338) include limitations and procedural controls • Because Congress created these specific tariff authorities, a broad IEEPA tariff authority cannot be implied • During peacetime, the President does not have independent tariff authority The Court remanded the case back to the lower court — likely the U.S. Court of International Trade (CIT) — which must now issue implementation instructions. What We Still Don’t Know • When the CIT will issue instructions • When (or if) CBP will suspend IEEPA tariff collection • Whether refunds will be automatic or require action • Whether de minimis is affected • Whether related trade agreements tied to IEEPA remain intact • Whether the administration pivots to Section 122 or 338 authorities What Importers Should Do Right Now Cindy’s recommendation is clear: Continue paying duties until formal CBP guidance is issued. Why? • Duties were in effect at time of entry • Monthly statement entries could otherwise be considered unpaid • CBP systems still contain IEEPA tariff numbers and edit checks • Programming updates will take time Stopping payment prematurely could create compliance risk. Refunds, when issued, will likely require formal action — potentially protests, post-summary corrections, or other ACE updates. Given the volume of entries involved, automatic refunds appear unlikely. Key Takeaways • IEEPA tariffs have been ruled unlawful for revenue purposes • Congress retains sole tariff authority • Operational changes will depend on CIT and CBP implementation • Continue paying duties until official guidance is issued • Refund mechanics remain unclear • Trade professionals must remain disciplined and patient Resources & Mentions • Global Training Center • TradeForce Multiplier • U.S. Supreme Court Opinion (24-1287) Credits Host: • Cindy Allen – LinkedIn • TradeForce Multiplier Producer: • Lalo Solorzano – LinkedIn Subscribe & Follow New episodes every Friday. Presented by Global Training Center — providing education, consulting, workshops, and compliance resources for trade professionals. • Simply Trade Podcast on LinkedIn • Global Training Center on LinkedIn • YouTube • Spotify • Apple Podcasts • Trade Geeks Community