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Trump’s Court Clash and New Tariff Authority: A Deep-Dive

By Drooid · · How we work

Trump Slams the Supreme Court Over Tariff and Birthright Decisions

On September 19, 2026, President Donald Trump used his Truth Social platform to denounce the U.S.

Legislative Turnaround: Russia Sanctions Bill Grants New Tariff Powers

A week earlier, on September 18, 2026, Congress passed the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026. The measure authorizes the president to impose duties of up to 100 % on all goods imported from the five largest purchasers of Russian crude oil or natural gas, and a blanket tariff of up to 500 % on Russian imports. President Trump signed the bill on Friday, September 18, giving the executive branch multi-year authority to target countries that continue buying Russian energy.

Background & Context

  • February 2025: The Supreme Court ruled that the International Emergency Economic Powers Act (IEEPA) did not empower the Trump administration to impose sweeping global tariffs, forcing a rollback.
  • June 2025: The Court upheld a broad interpretation of the Fourteenth Amendment’s Citizenship Clause, rejecting Trump’s effort to limit birthright citizenship. Justice Clarence Thomas dissented.
  • August 6, 2025: Trump added a 25 % penalty tariff on Indian exports, later raising it to 50 % and accusing India of being Russia’s largest energy buyer.
  • February 2, 2026: A phone-call deal with Indian Prime Minister Narendra Modi temporarily reduced tariffs to 18 %, though India did not fully cease Russian oil purchases.

These setbacks led to the September 2026 sanctions bill.

Data & Statistics

  • The new law permits up to 100 % tariffs on the top five energy importers (including China, India, Turkey) and on nations facilitating sanctions evasion.
  • A separate provision allows a 500 % tariff on all Russian goods for up to five years.
  • Prior to the bill, Trump had imposed tariffs of up to 50 % on more than 80 countries during his second term.

Official Statements & Responses

  • Representative Don Beyer warned that “we don’t know when, but you don’t need a crystal ball to know what is likely to happen next,” highlighting uncertainty about market impacts.
  • The administration reiterated that the president may waive or terminate sanctions if a peace settlement is reached in Ukraine.

Criticism & Opposition

  • Laura Brank, a lawyer at Bryan Cave Leighton Paisner, warned that “given the discretionary authority that the president has, it is likely to be abused.”

Conflicting Reports & Gaps

  • Analysts differ on the likely economic fallout: Reuters cites “limited immediate impact” due to election-year caution, while Reason argues the broad language “invites” discretionary misuse. No consensus exists on how many countries will ultimately be targeted or the net effect on U.S. consumer prices.

What’s Next

  • The November 3 midterm elections will test the political calculus of using the new tariff powers.
  • The president retains waiver authority; a decision to suspend or activate tariffs will depend on developments in the Russia-Ukraine war and diplomatic negotiations with major energy-importing nations.
  • Congressional oversight hearings are expected in the coming months to examine the implementation criteria for the “top-five” importer list and the scope of waiver provisions.