Supreme Court Strikes Down IEEPA Tariffs – What It Means for Rare Earths, Industrial Policy, and Supply Chains

Feb 20, 2026

  • The Supreme Court's 6-3 ruling invalidated most Trump tariffs under IEEPA, removing broad reciprocal tariffs while leaving Section 232 national security tariffs intact, fundamentally shifting U.S. trade policy authority from executive to congressional control.
  • The decision weakens immediate U.S. leverage against China's 85-90% rare earth processing dominance, forcing critical minerals strategy to move through durable legislative channels rather than executive emergency decrees.
  • Policy uncertainty increases for domestic rare earth investors as tariff unpredictability threatens pricing stability, while the ruling underscores that processing capacity—not tariffs—remains the core structural challenge in critical minerals supply chains.

The Supreme Court’s 6–3 ruling invalidating most of President Trump’s tariffs imposed under the International Emergency Economic Powers Act (IEEPA) (opens in a new tab) is more than a political headline. It is a structural shift in how U.S. trade policy can be weaponized — and it has real ramifications for the rare earth and critical minerals ecosystem.

What Actually Changed

The Court ruled that IEEPA does not authorize the president to impose tariffs. That knocks out broad “reciprocal” country-by-country tariffs and certain fentanyl-linked tariffs on Canada, China, and Mexico.

However, tariffs imposed under Section 232 (national security) — including steel and aluminum — remain intact. Critically, the ruling does not eliminate presidential tariff authority; it narrows the legal pathway. Congress must explicitly authorize sweeping measures.

As of mid-December, IEEPA tariffs had reportedly generated roughly $130 billion. Refund exposure could be significant, though the Court did not mandate automatic reimbursement.

Ramifications for Rare Earths and Critical Minerals

1. Reduced Leverage on China

Tariffs were one of the few blunt instruments available to pressure Beijing in the rare earth and downstream processing dominance. Their partial removal weakens immediate U.S. negotiating leverage — unless replaced through Section 232 or new congressional legislation. This was a point_Rare Earth Exchanges™_ made from the start. POTUS should be focused on rare earth elements and critical minerals, a totally legitimate emergency.

2. Industrial Policy Must Go Legislative

The ruling reinforces a broader theme we’ve highlighted at Rare Earth Exchanges™: industrial policy cannot rely on executive improvisation. If the U.S. intends to rebuild magnet manufacturing, separation capacity, or heavy rare earth processing, it must do so through durable law — not an emergency decree.

3.  Market Volatility Risk

If tariffs unwind and refunds flow, capital markets may initially interpret this as deflationary for input costs. That could ease pressure on manufacturers reliant on imported components — including magnet assemblies and electronics.

But there’s a deeper risk: policy unpredictability. Investors in domestic rare earth separation, alloy production, and midstream processing rely on stable pricing floors and strategic support mechanisms. Judicial constraints on tariff authority increase policy uncertainty.

4. China’s Structural Advantage Remains

The ruling does not change the core imbalance: China controls ~85–90% of rare earth processing capacity. Removing tariffs does not restore U.S. separation plants, nor does it accelerate heavy rare earth metallurgy.

The Bigger Picture

This decision underscores something more profound. The Supreme Court is drawing a constitutional boundary around executive trade power. That means the next phase of U.S. critical mineral strategy should likely move through Congress — tax credits, procurement mandates, price floors, EXIM financing, workforce development and industry clusters,  or strategic stockpiling.

Tariffs were a pressure valve. Processing dominance is a structural reality.

For rare-earth investors and policymakers, the message seems clear, though there are 232 exceptions: the fight shifts from the White House to Capitol Hill.

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By Daniel

Inspired to launch Rare Earth Exchanges in part due to his lifelong passion for geology and mineralogy, and patriotism, to ensure America and free market economies develop their own rare earth and critical mineral supply chains.

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Supreme Court ruling narrows tariff authority, shifting critical minerals trade policy from executive action to Congress with major implications. (read full article...)

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