Trump revives 1974 Trade Act to keep tariffs alive after courts strike them down

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Trump revives 1974 Trade Act to keep tariffs alive after courts strike them down
PrimeXBT Editorial Team
Reviewed by PrimeXBT

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The Trump administration is fighting to keep its import tariffs alive after the Supreme Court and a trade court struck down the two legal justifications it has used. With the 150-day clock on the latest tariffs set to expire in late July 2026, Washington faces a hard deadline — and Bitcoin has already slid on the uncertainty.

The White House has fallen back on the 1974 Trade Act to keep its tariffs in force, after the Supreme Court ruled 6-3 in February 2026 that the International Emergency Economic Powers Act does not authorize import tariffs. Rather than drop the fight, the administration reached for a different statute and dared the courts to block that one too.

Courts have struck down two tariff routes

After the IEEPA route closed, the administration turned to Section 122 of the Trade Act of 1974, which lets the president impose temporary tariffs to address balance-of-payments deficits. Officials set the rate at 10%, then raised it to 15% on a global basis, attaching a 150-day clock that points to expiration somewhere around late July 2026.

That approach hit a wall too. On May 7, 2026, the US Court of International Trade ruled 2-1 that the Section 122 tariffs were unlawful, finding they exceeded the authority Congress granted for balance-of-payments issues. Despite the ruling, the administration continues to litigate. The tariffs remain a live issue as the deadline nears.

Bitcoin slid as tariff fears peaked

Bitcoin dropped below $68,000 in February 2026 as tariff-escalation fears peaked, and the broader slide pushed prices toward the $65,000 to $68,000 range. That pullback coincided with the tariff announcement and the surrounding legal chaos.

No specific cryptocurrencies were tied directly to the tariff maneuvers, even as Bitcoin's price reacted to the related news. The impact flows through market sentiment and macro positioning.

What the July deadline forces

The 150-day window is set to expire around July 20-24, 2026, creating a hard deadline the administration cannot easily wish away. Markets now face several possible outcomes.

Congress could pass legislation putting the tariffs on firmer legal ground, if the White House wins enough lawmakers. Failing that, the administration could attempt another legal pivot — or simply let the tariffs lapse.

Source: Crypto Briefing

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