Supreme Court Setback for Trump

Key Points

  • In a 6-3 decision, the Supreme Court ruled that the International Emergency Economic Powers Act of 1977 doesn’t authorize President Donald Trump to impose tariffs.
  • The Yale Budget Lab estimated that households’ average cost burden would fall by about half in 2026, to between $600 and $800, if the Supreme Court ruled against the tariffs.
  • However, Trump administration officials previously said they would use different legal pathways to achieve an outcome similar to the IEEPA tariffs.
  • President Trump signed a proclamation Friday night that will impose a 10% duty on most imports for up to 150 days, as permitted under Section 122 of the Trade Act of 1974.
  • Businesses may be able to claim refunds for IEEPA tariffs paid, but are unlikely to pass these on to consumers.

Last year, President Trump used the International Emergency Economic Powers Act of 1977 (IEEPA) to impose tariffs on US trading partners.

He declared a national emergency, saying an influx of illegal drugs from Canada, Mexico, and China had created a public health crisis, and that large and persistent trade deficits had undermined US manufacturing. His administration used IEEPA to levy tariffs on imports to manage the perceived crises: a 10% baseline tariff on all US trading partners and higher duties on Canada, Mexico, and China.

Chief Justice John Roberts

Chief Justice John Roberts

In a 6-3 decision, the Supreme Court ruled on Friday that the IEEPA doesn’t authorize the president to impose tariffs.

“The Government reads IEEPA to give the President power to unilaterally impose unbounded tariffs and change them at will,” according to the court.

“That view would represent a transformative expansion of the President’s authority over tariff policy,” their opinion argued. “It is also telling that in IEEPA’s half-century of existence, no President has invoked the statute to impose any tariffs, let alone tariffs of this magnitude and scope.”

The Yale Budget Lab estimated that households’ average cost burden would fall by about half in 2026, to between $600 and $800, if the IEEPA tariffs were overturned.

Before the ruling, Trump administration officials had said they would use different legal pathways, if overruled, to achieve roughly the same outcome as the tariffs. (CNBC)

President Trump signed a proclamation Friday night that will impose 10% tariffs on most imports to the United States, to replace the 10% IEEPA baseline tariff rate overturned by the earlier Supreme Court ruling.

The new tariffs take effect Monday and are levied under Section 122 of the Trade Act of 1974, which allows the president to impose duties of up to 15% for 150 days to address “large and serious” balance-of-payments issues. (CBS News)

Businesses will likely claim refunds for the estimated $175 billion in IEEPA tariffs paid to date, but consumers will not receive any direct benefit. (Reuters)

Treasury Markets

10-year Treasury yields increased on news of the Supreme Court ruling, but remain close to primary support at 4.0%.

10-Year Treasury Yield

Stocks

The S&P 500 rallied on the prospect of reduced tariffs, but will likely reverse on news of Trump’s Friday night proclamation.

S&P 500

Financial Markets

The Chicago Fed National Financial Conditions Index reached -0.568 on February 13, signaling loose monetary conditions.

Chicago Fed National Financial Conditions Index

However, Bitcoin1 (BTC) remains below 70,000, indicating that financial markets are shedding risk assets.

Bitcoin (BTC)

Inflation

The Fed’s favored measure of underlying inflation, the core PCE index, jumped by 0.355% in December 2025, warning of an upsurge in price pressures.

Core PCE Inflation - Monthly

Annual growth in the core PCE inflation index lifted to 3.0%, and the headline PCE index increased to 2.9%.

PCE & Core PCE

The University of Michigan (UOM) survey of consumers reported a median expected price increase of 3.4% over the next year, with the 3-month average declining to 3.9%.

University of Michigan: 1-Year Inflation Expectations

Consumers

Consumer sentiment from the February UOM survey remains near record lows since the survey commenced in 1960.

University of Michigan: Consumer Sentiment

Participants’ assessment of current economic conditions is also near the lowest ebb in more than 60 years.

University of Michigan: Current Economic Conditions

Economy

Real GDP growth slowed to 0.35% in the fourth quarter, or 1.4% annualized, according to the US Bureau of Economic Analysis. Aggregate weekly hours worked grew at a slower 1.0% over the 12 months to January 2026, suggesting that GDP growth will likely slow further.

Real GDP & Growth in Total Hours Worked

Dollar & Gold

The US Dollar Index met resistance at 98 after news of the Supreme Court ruling, and we expect the downtrend to continue.

Dollar Index

Gold rallied to above $5,100 per ounce, signaling another test of resistance at $5,500.

Spot Gold

Conclusion

The Supreme Court ruling against President Trump’s tariffs checks his expansive use of emergency powers in pursuit of his economic agenda. The ruling also increases the economic uncertainty that has bedeviled Trump’s economic policy, making it difficult for corporations to make long-term investment decisions.

Declining real GDP growth in the fourth quarter highlights that the US economy is heavily reliant on massive capital investment in AI data centers to keep the country out of a recession, while the broader economy shudders from one mishap to the next.

Consumer sentiment and perceptions of current economic conditions are near sixty-year lows, again reflecting the narrow economic recovery, which has failed to benefit most Americans despite low unemployment. Republicans are going to find it difficult to hold a majority in Congress after the November midterm elections, delivering a further setback to Trump’s economic agenda.

The Supreme Court decision, led by conservative Chief Justice John Roberts, is a sign that conservatives will increasingly resist Trump’s disregard for the checks and balances built into the Constitution. We have likely passed “peak Trump” on the economic front, though he will likely try to stay in the spotlight with his geopolitical agenda.

We maintain our overweight position in gold and defensive stocks with stable cash flows, while avoiding high-multiple technology stocks and long-term financial instruments.

Acknowledgments

Notes

  1. Cryptocurrencies are the highest-risk asset class, and we analyze Bitcoin (BTC) solely to identify risk sentiment in financial markets. Our analysis is not a recommendation to buy or sell BTC, nor is it a commentary on the merits of cryptocurrency.

Bitcoin Plunge Signals Risk-Off

Key Points

  • Bitcoin plunged to $71,200, warning that financial markets are becoming risk-averse.
  • Brent crude surged to nearly $70 per barrel amid heightened US-Iran tensions.
  • Volatility following the CME margin hike, effective Monday, triggered a broad selloff in precious metals and energy transition metals.

Bitcoin2 (BTC) broke support at 85,000, the steep decline warning that financial markets are shedding risk assets.

Bitcoin (BTC)

The S&P 500 index retreated below 6900, but long tails and a rising Trend Index indicate strong buying interest.

S&P 500

However, the Roundhill Magnificent 7 ETF (MAGS) is headed for a test of primary support at 63, while Trend Index peaks at zero warn of selling pressure. A breach of support would be a strong bear signal.

Roundhill Magnificent 7 ETF (MAGS)

10-year Treasury yields are testing resistance at 4.3%. A breakout would offer a short-term target of 4.4%.

10-Year Treasury Yield

Dollar & Gold

The US Dollar Index is testing resistance at 98, but remains in a long-term downtrend. Respect of resistance will likely signal another decline.

Dollar Index

Gold is testing resistance at $5,000 per ounce after Friday’s sharp fall.

Spot Gold

The primary reason for the sharp fall in copper and precious metals was not Trump’s nomination of Kevin Warsh as the next Fed Chair. On January 29, the CME announced that it was again increasing margin requirements on futures contracts, effective Monday, February 2.

Comex Margin Increase

Comex Margins

The increase in CME margin requirements is intended to discourage leveraged speculation in key contracts that show signs of overheating.

Silver had a higher speculative interest, making it more susceptible to the margin hike, with the metal testing support at $70 per ounce.

Spot Silver

Energy & Energy Transition Metals

Brent crude is testing resistance at $70 per barrel on heightened US-Iran tensions.

Brent Crude

The Dow Jones Global Oil & Gas index is in a strong uptrend, with rising Trend Index troughs reflecting buying pressure.

Dow Jones Global Oil & Gas Index

Copper

The margin hike had less effect on copper, which retreated to $13,000 per tonne from its recent peak of $13,500 per tonne.

Copper

Copper miners were more susceptible to the risk-off shift in financial markets, with Sprott Copper Miners ETF1 (COPP) testing support at 40.

Sprott Copper Miners ETF (COPP)

Uranium

Uranium was not directly affected by the CME margin hike but was caught up in the broader selloff, with the Sprott Uranium Miners ETF1 (URNM) testing support at 70.

Sprott Uranium Miners ETF (URNM)

Lithium

Lithium suffered a similar fate, with Sprott Lithium Miners ETF1 (LITP) breaking support at 14.

Sprott Lithium Miners ETF (LITP)

Critical Minerals

Critical materials experienced a similar selloff, with Sprott Critical Materials ETF1 (SETM) testing support at 34.

Sprott Critical Materials ETF (SETM)

Conclusion

The CME margin hike, which took effect on Monday, was intended to cause a correction in copper and precious metals. However, the selloff spread to uranium, lithium, and critical materials. Risk aversion also spread to financial markets, as evidenced by a steep fall in risk assets such as Bitcoin.

Mega-cap technology stocks have experienced a selloff, with the Roundhill Magnificent 7 ETF (MAGS) approaching its primary support level. A breach of support would be a strong bear signal for the broader S&P 500 index, with market leaders falling behind their second-tier counterparts.

We can expect further CME margin hikes as the exchange seeks to curb speculative excesses. Volatility will likely discourage speculation but have minimal impact on the secular rise in demand for gold, copper, uranium, lithium, and critical materials.

Acknowledgments

Notes

  1. We analyze exchange-traded funds (ETFs) to determine market sentiment towards a specific sector, industry, or commodity. The analysis is not a recommendation to buy or sell, nor is it a commentary on the merits of the particular ETF.
  2. We analyze Bitcoin (BTC) — the most volatile risk asset — to identify risk sentiment in financial markets. Our analysis is not a recommendation to buy or sell, for which we are ill-equipped to express an opinion, nor is it a commentary on the merits of the cryptocurrency.

Trump Backs Down

Key Points

  • President Trump backed off his threats to seize Greenland and said he will not impose additional tariffs on EU members.
  • Stocks rallied, but the mega-cap Magnificent 7 remain under pressure.
  • Gold and silver retraced to test new support levels.

From Reuters:

On a whirlwind trip to the World Economic Forum annual meeting in Davos, Switzerland, Trump backed down from weeks of rhetoric that shook the NATO alliance and risked a new global trade war.

Instead, Trump said, Western Arctic allies could forge a new deal that satisfies his desire for a “Golden Dome” missile‑defense system and access to critical minerals while blocking Russia and China’s ambitions in the Arctic. “It’s a deal that everybody’s very happy with,” Trump told reporters after emerging from a meeting with NATO Secretary General Mark Rutte. “It’s a long-term deal. It’s the ultimate long-term deal. It puts everybody in a really good position, especially as it pertains to security and to minerals.”
He added: “It’s a deal that’s forever.”

A NATO spokesperson said seven NATO allies in the Arctic would work together to ensure their collective security.
“Negotiations between Denmark, Greenland, and the United States will go forward aimed at ensuring that Russia and China never gain a foothold – economically or militarily – in Greenland,” the spokesperson said.

Trump said on his Truth Social platform that the US and NATO had “formed the framework of a future deal with respect to Greenland and, in fact, the entire Arctic Region,” and that “based upon this understanding, I will not be imposing the Tariffs that were scheduled to go into effect on February 1st.”

…Earlier in the day, the Republican US president acknowledged financial markets’ discomfort with his threats and ruled out force in a speech at the Swiss Alpine resort.
“People thought I would use force, but I don’t have to use force,” Trump said. “I don’t want to use force. I won’t use force.”

The S&P 500 rallied to test the former resistance level of 6900, but declining Trend Index peaks continue to indicate selling pressure.

S&P 500

The Nasdaq QQQ ETF displays similar selling pressure.

Invesco Nasdaq 100 ETF (QQQ)

Selling pressure on mega-cap technology stocks is more severe, with the Roundhill Magnificent 7 ETF (MAGS) testing primary support at 63, and the latest Trend Index peak at zero.

Roundhill Magnificent 7 ETF (MAGS)

Mega-caps are falling faster than small-cap stocks, with MAGS in a steep downtrend relative to the Russell 2000 Small Caps ETF (IWM).

Roundhill Magnificent 7 ETF (MAGS) relative to iShares Russell 2000 Small Caps ETF (IWM)

The post-Liberation Day regime has been particularly lucrative for the corporate halt and lame. As Apollo chief economist Torsten Slök pointed out yesterday, Russell 2000 members generating negative earnings per share have returned nearly 50% on average since the close of trading last April 2, some 20 percentage points better than the components operating in the black. Over the same period, a Goldman Sachs-compiled basket of the most heavily shorted stocks has generated a 61% return, leaving the S&P 500’s 21% figure in the dust. (Grant’s Daily)

US stocks are also underperforming their global peers, with the Dow Jones US Index ($DJUS) falling relative to the Dow Jones World Index excluding the US (W2DOW).

DJ US Index ($DJUS) & DJ World ex-US ($W2DOW)

Financial Markets

Bitcoin broke support at 90,000 but is now retracing to test the new resistance level. Recovery above 90,000 would indicate that tight liquidity is easing.

Bitcoin (BTC)

10-Year Treasury yields eased to 4.243%, headed for a test of new support at 4.20%.

10-Year Treasury Yield

Dollar & Gold

The Dollar rallied after a sharp fall on Tuesday, but still displays long-term weakness.
Dollar Index

Gold is retracing after testing $4,900 per ounce on Tuesday. We expect retracement to test new support at $4,600.

Spot Gold

Silver is similarly retracing to test support, and a breach of $90 will likely indicate a correction to $80 per ounce.

Spot Silver

Conclusion

Gold and silver continue in strong uptrends. Demand is driven by concerns about geopolitical risk and fiscal stability, amid large deficits and precarious sovereign debt levels across many developed economies.

A reader asked if there are signs that a blow-off top is forming in gold and silver, but regular corrections to test new support levels ease pent-up demand and limit the risk of a blow-off.

Stocks rallied on news of easing tensions over Greenland, but mega-cap technology stocks lag. This signals the final stage of a bull market, when market leaders no longer lead the rallies and investors chase riskier small caps.

Acknowledgments