Trump’s tariffs were partially declared illegal by the Supreme Court.Image: keystone
analysis
The Supreme Court has dealt US President Donald Trump a bitter setback. Many of his punitive tariffs were unfairly imposed. Trump’s air is getting thinner.
Feb 21, 2026, 10:07Feb 21, 2026, 10:07
The Supreme Court’s decision was eagerly awaited on Friday as to whether the punitive tariffs that US President Trump imposed on all sorts of countries around the world last year were legal or not.
The majority of judges concluded: Most are illegal. Accordingly, Trump then railed against the judges. “You should be ashamed of yourself,” he commented on his social media platform Truth Social. He also said at a press conference that they were a disgrace for their family.
His entourage is also not very pleased: Trade Secretary Howard Lutnick, who had always praised Trump’s tariffs, did not comment at all at the press conference, even though he was on stage with the president. Vice President JD Vance speaks in an X-Post of the sheer “lawlessness of the court.”
Today, the Supreme Court decided that Congress, despite giving the president the ability to “regulate imports”, didn’t actually mean it. This is lawlessness from the Court, plain and simple. And its only effect will be to make it harder for the president to protect American…
— JD Vance (@JDVance) February 20, 2026
It is understandable that the President and Vice President react this way. Ultimately, there is a lot at stake, far more than customs revenue. The newly announced global 10 percent tariffs probably won’t change that much. Last year, criticism of his customs strategy also came from the Republican ranks. Many Americans believe tariffs are harmful to the economy, according to a survey, reports CNN. Because in the end it is they who have to pay.
With regard to the midterms, Trump is now on thin ice. He probably needs to adjust his strategy. Because in order to impose new tariffs, he needs congressional approval. And this process should, according to the Wall Street Journal Take months because extensive examinations are also necessary. The members, including Republicans, will make particularly careful decisions shortly before the elections, especially with regard to inflation and purchasing power.
Now there is a threat of a wave of lawsuits
It is primarily US companies that have suffered from the tariffs. Even before the decision, many of them had filed lawsuits against the customs tariffs in order to increase the chances of a refund. What this might look like is still unclear. But this process is also likely to take quite some time. Even Trump is aware of this: “We will spend the next five years in court,” he said at a press conference.
Experts expect chaotic conditions in this process. After all, it’s a three-digit billion sum. And most of the tariffs have already been passed on to consumers, who could now also sue, like him Mirror reported. But they shouldn’t have much hope, said Elizabeth Warren, member of the Banking Committee, on Friday. Large companies such as Amazon, General Motors, Walmart or hedge funds that can buy the claims of smaller companies are more likely to benefit.
Does Switzerland’s decision help?
The decision also has international implications. Trump had always claimed that he was also creating peace and security with his tariffs because he used them as a means of applying pressure against heads of state he disliked. His negotiating position is now significantly weakened, says Wilbur Ross, Commerce Secretary in Trump’s first term, to the Wall Street Journal. The US President is losing one of his most important tools for his foreign policy, also writes Washington Post.
Switzerland also had to experience first-hand how Trump put pressure on governments. There is still no final customs agreement, and Trump repeatedly makes fun of Federal Councilor Karin Keller-Sutter, who wanted to negotiate with him. The Federal Council has not yet wanted to comment on the Supreme Court’s decision.
It is also still questionable what consequences the decision will have for Switzerland and other countries. Because Trump has other tools he can use. “We all know by now that this man is incredibly creative,” a diplomat told the Washington Post.