Congress Poised to Block New Executive Trade Levies After Supreme Court Defeat
Washington, Saturday, 21 February 2026.
Lawmakers vow to annul the administration’s immediate 10 percent global tax, citing historical precedents linking similar protectionism to the Great Depression and asserting legislative authority over trade policy.
Legislative Firewall Against New Executive Orders
Following the Supreme Court’s decisive rejection of the administration’s previous trade strategy—detailed in our prior coverage, Trump Counters Supreme Court Defeat With Immediate Plan for New 10% Global Tariff—the White House has opened a volatile new front in the trade war. As of Saturday, February 21, 2026, Republican leadership is signaling a swift legislative rebuttal to President Trump’s attempt to circumvent the high court’s ruling. Representative Don Bacon (R-Neb.) has publicly declared that the President’s newly invoked 10 percent global tariff, issued under Section 122 of the Trade Act of 1974, will face an immediate challenge on Capitol Hill [1]. Speaking to CNN, Bacon asserted that any attempt to enforce these levies “will be brought up for a vote in Congress, and it will be defeated,” marking a rare moment of open defiance from within the President’s own party regarding trade authority [2].
Historical Warnings and Escalating Threats
The confrontation intensified on Saturday when President Trump signaled his intention to potentially raise the global tariff rate to 15 percent, utilizing the full extent of the authority granted by Section 122, which permits such levies for a duration of up to 150 days [1][3]. In response, critics within the GOP are drawing sharp historical parallels to warn against the economic fallout of protectionism. Representative Bacon explicitly compared the current trajectory to the policies of Herbert Hoover, noting that the former President’s support for tariffs “exacerbated the Depression” [3]. Bacon argues that while the President may possess temporary executive levers, the ultimate constitutional authority over tariffs resides with Congress, a position he claims is now bolstered by the judicial branch [3].
Constitutional Showdown
This legislative pushback is anchored in the Supreme Court’s 6-3 decision delivered on Friday, February 20, which voided the administration’s previous use of the International Emergency Economic Powers Act (IEEPA) to impose duties [1][5]. The opinion, authored by Chief Justice John Roberts, affirmed that the executive branch had overstepped its bounds [5]. Senior Republican leadership has echoed the court’s sentiment; Senate Minority Leader Mitch McConnell (R-Ky.) stated that the ruling leaves “no room for doubt” regarding Congress’s constitutional supremacy over taxation and trade, warning that the legislative branch’s role is “not an inconvenience to avoid” [1]. Despite the ruling, the administration labeled the decision “terrible” and immediately pivoted to alternative statutes to maintain the levies [5].
The Economic Toll on the Heartland
Beyond the abstract legal battles, the economic friction is generating tangible losses in key agricultural and manufacturing sectors. Data surfacing from Nebraska illustrates the localized damage of prolonged trade disputes. In the first half of 2025 alone, soybean exports from the state plummeted by 15 percent [4]. Furthermore, manufacturing exports saw a significant contraction over the first nine months of 2025, declining by approximately $700 million, or 12.6 percent, compared to the same period in the previous year [4]. These figures underscore the urgency behind the legislative efforts to stabilize trade policy, as lawmakers like Bacon argue that the 10 percent global tariff undermines arguments for reciprocal trade and risks further economic alienation [3].