Delegation of Tariff Authority by Other Means

The Supreme Court invalidated the Trump administration's broad tariff regime under IEEPA in February 2026. The USTR subsequently initiated extensive Section 301 investigations covering 99% of U.S. trade, targeting 16 economies for structural excess capacity and 60 for forced labor concerns. The administration aims to use Section 301 as a permanent mechanism for tariff authority, raising unresolved constitutional delegation questions.