The Courts Should Rein in Trump's Proposed Section 301 Tariffs as Well
The Trump administration has proposed extensive tariffs on 60 trade partners using Section 301 of the Trade Act of 1974. Legal scholars argue that the scope of these tariffs exceeds the authority granted by the statute and may violate constitutional nondelegation principles. The courts are urged to limit the tariffs, especially after the Supreme Court recently struck down similar measures under the IEEPA authority.
- ▪On June 2, the U.S. Trade Representative announced a proposal to impose tariffs on 60 trade partners, covering 86 countries and more than 99% of U.S. imports.
- ▪The Supreme Court in February 2026 ruled that the administration’s earlier tariffs under the IEEPA emergency powers statute were invalid because the statute does not grant tariff authority.
- ▪Section 301, which does authorize tariffs in certain circumstances, is being used by the administration in a way that scholars say exceeds its statutory limits.
- ▪Legal experts cite the recent FCC v. Consumers' Research decision to argue that the tariffs lack required floors and ceilings, raising nondelegation concerns.
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Tariffs The Courts Should Rein In Trump's Proposed Section 301 Tariffs As Well A guest post by Georgetown law Professor Peter E. Harrell. Ilya Somin | 6.14.2026 1:31 PM I have previously written about Donald Trump's massive planned Section 301 tariffs, arguing that they have some of the same flaws as those invalidated by the Supreme Court in the IEEPA case (which I helped litigate). Today, I am pleased to present a guest post on the Section 301 tariffs by Professor Peter Harrell. Peter is Visiting Scholar at Georgetown's Institute for International Economic Law, an attorney in private practice, and one of the nation's leading experts on trade law. He played an important role in helping to develop the arguments that ultimately led to the invalidation of the IEEPA tariffs.
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