Geopolitics x Legal

Trade & Industrial Policy

Tariff litigation keeps economic statecraft in the courtroom

The Peterson Institute’s review of Court of International Trade arguments shows the legal fight moving from IEEPA to balance-of-payments tariff authority and, potentially, Section 301.

BY GEOPOLITICS DESK · MAY 7, 2026 · 1 MIN READ

The Peterson Institute’s review of Court of International Trade arguments shows the legal fight moving from IEEPA to balance-of-payments tariff authority and, potentially, Section 301. For general counsel, the uncertainty is commercial as much as constitutional: tariff strategy now affects contract language, customs filings, pricing, refunds, supplier allocation and customer communications.

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