Is the tariff deal now history? The Supreme Court speaks - the Federal Council remains silent

Jan-Niklas Jäger

20.2.2026

Guy Parmelin has not yet commented on the content of the US Supreme Court's decision.
Guy Parmelin has not yet commented on the content of the US Supreme Court's decision.
sda (Archivbild)

Donald Trump's punitive tariffs have been declared illegal - including those against Switzerland. The Federal Council, which is currently in negotiations with Washington over a customs deal, is remaining silent on the ruling.

No time? blue News summarizes for you

  • According to the US Supreme Court, the tariffs imposed by Donald Trump on other countries exceed the powers of the President.
  • Trump has also imposed punitive tariffs on Switzerland.
  • The State Secretariat for Economic Affairs is currently negotiating a new tariff deal with Washington. Its future is now uncertain.
  • The Federal Council has not yet commented on the content of the new developments.
  • The Greens are calling for the negotiations to be broken off.

Guy Parmelin (SVP) was actually tasked with negotiating a customs deal with the White House that both sides could live with. Then came the bombshell: the US Supreme Court declared the punitive tariffs - and therefore a key tool in Trump's foreign policy - illegal. Trump therefore lacks the necessary powers.

In a press release, the State Secretariat for Economic Affairs (SECO) is extremely cautious in its response. It states that it "takes note of the US Supreme Court's decision".

The "further developments and concrete effects" will be analyzed below. Seco did not provide an assessment of the ruling and its consequences.

Greens call for negotiations to be broken off

In the past, however, Parmelin has at least theoretically expressed the possibility of a corresponding ruling. In this case, the agreement could be dropped again, he said at a media conference in November.

Elsewhere in the political landscape, there is no shortage of clear positions: "Switzerland must now immediately break off negotiations for a deal with Trump," demanded Green Party President Lisa Mazzone in a statement on social media.

"Anyone who breaks the law is not a reliable contractual partner", warned SP National Councillor Jon Pult in a statement on the short messaging service Bluesky.

Was der gesunde Menschenverstand von Anfang an nahelegte, bestätigt nun der Oberste Gerichtshof: Trumps Zollpolitik verstösst gegen US-Recht – völkerrechtlich war sie ohnehin mehr als fragwürdig. Memo an den Bundesrat: Wer das Recht bricht, ist kein verlässlicher Vertragspartner.

— Jon Pult (@jonpultnr.bsky.social) 20. Februar 2026 um 16:30

Central National Councillor Gerhard Pfister chose more prudent words, speaking of "good news", but at the same time warning that this was only a "pause for breath".

FDP cautious

In an interview with French-speaking Swiss radio and television RTS, National Councillor Damien Cottier (FDP/NE) called for caution and warned "not to brag". It is true that this is an important domestic policy decision. "However, as far as relations between Switzerland and the United States are concerned, I don't think this completely reshuffles the cards, but it does change the balance," he said.

However, the last word in the customs dispute is far from being spoken. It is not only the Federal Council that needs to reorganize itself. The US President's camp had already announced in advance that they would legitimize their customs policy with the help of other legal bases in the event of a defeat in court.