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United States of America - February 2026

Supreme Court rules Trump tariffs are unconstitutional

The Supreme Court struck down President Trump’s emergency tariffs on 20 February. A majority of the justices found that it was unconstitutional for the president to unilaterally set tariffs under the International Emergency Economic Powers Act. The decision was described by media outlets as ‘a rare rebuke’ and ‘a sharp blow’ to the Trump administration. Subsequently, companies affected have sued for refunds of duties already paid. President Trump declared he intended to circumvent the decision by using an alternative legal basis, and immediately implemented a 10 per cent global tariff, subsequently raised to 15 per cent, under a law known as Section 122. The government launched a digital claims system where importers can claim refunds on 20 April.

Update: The US Court of International Trade ruled on 7 May that the 10 per cent global tariff was unlawful, as the criteria for invoking Section 122 were not met. In response to the decision, President Trump insisted that his administration would ‘do it [raise tariffs] in a different way’.

Sources: APBBCNBCTimeFrance24The Guardian, CNNPolitico

Primary categories and factors
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Rule of Law +1 Rule of Law  (+1)
Judicial Independence
Secondary categories and factors
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Rule of Law +1 Rule of Law
Predictable Enforcement

US launches campaign of airstrikes against Iran

The United States and Israel attacked Iran on 28 February, conducting airstrikes and launching missiles at targets across the country. One of the early strikes killed Supreme Leader Ayatollah Ali Khamenei, military leaders and civilians. In retaliation, Iran carried out multiple strikes across the Gulf region. Prior to the attack, the US government had been conducting diplomatic negotiations with Iran over a new nuclear deal. It offered several different justifications for the airstrikes, none of which addressed an imminent threat to the United States. Democratic party lawmakers criticized the strikes as being in contravention of the 1973 War Powers Resolution mandating congressional approval of military action in hostilities abroad. According to the Iranian Health Ministry, between the start of the war and 18 July, at least 3,500 people had been killed in Iran, including at least 383 children. By July, 17 US military personnel had also been killed.

Update: On 1 May, the conflict passed the 60-day threshold after which the President is required to halt the military’s participation in hostile activities unless Congress has declared war or authorized an extension. President Trump claimed that a ceasefire declared on 7 April meant no approval was needed, an interpretation that was disputed by experts.

Sources: CNN Guardian FT Politico BBC NBC, Al Jazeera

Primary categories and factors
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Representation -1 Representation  (-1)
Effective Parliament

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