But Trump had alternatives to IEEPA. The quickest option was Section 122 of the Trade Act of 1974, which allows the president to impose global tariffs of up to 15% for 150 days, after which congressional approval is needed to extend them. After his defeat at the Supreme Court, Trump quickly announced 10% Section 122 tariffs. He said he’d raise them to the maximum 15% but hasn’t yet done so. The tariffs are scheduled to expire July 24.

Two dozen states and some businesses quickly challenged the new tariffs in court. Friday’s hearing lasted more than three hours as a three-judge panel tried to assess a provision that had never been used before to impose tariffs and to analyze congressional decisionmaking from more than a half century ago.