Policy Week in Review – February 20, 2026

Supreme Court Strikes Down President Trump’s Tariffs 

This morning, the U.S. Supreme Court struck down President Trump’s global tariffs against countries to address trade deficits. The Court’s 6-3 majority opinion held that the International Emergency Economic Powers Act does not authorize President Trump to impose tariffs and specified there must be congressional approval for tariffs. Justices Brett Kavanaugh, Clarence Thomas, and Samuel Alito dissented. Over the last year, many national trade associations and employer groups voiced strong concerns to the administration and Congress about how tariffs could increase the costs of necessary goods needed for everyday use and operations. 

President Trump will deliver his official State of the Union speech on Tuesday evening, February 24, before a joint session of Congress. The president is expected to talk about the economy and further respond to the Court’s ruling on tariffs given that tariffs are a key part of his economic policy. After the speech, the Democratic Party response will be delivered by Virginia’s newly elected Governor Abigail Spanberger. 

BLS Releases Union Members Survey 

The U.S. Bureau of Labor Statistics (BLS) released its Union Member Survey for 2025, which reveals the union membership rate in the private sector was at 5.9 percent last year, unchanged from the previous year, with the highest unionization rates in utilities, transportation, warehousing, and educational services. The lowest unionization rates occurred in finance, insurance, professional and technical services, agriculture, food services and drinking places. According to the survey, the public-sector union membership rate increased by 0.7 percentage points to 32.9 percent, with highest union membership rates in local government, which employs workers in heavily unionized occupations, e.g., police officers, firefighters, and teachers. Additional highlights include: men continued to have a higher union membership rate than women; Black workers remained more likely to be union members than white, Asian, and Hispanic workers; and nonunion workers had median weekly earnings that were 84 percent of earnings for workers who were union members. 

House Subcommittee to Hold Hearing on Paid Leave 

The House Subcommittee on Workforce Protections will hold a hearing on February 24 at 10:15 AM ET, titled “Balancing Careers and Care: Examining Innovative Approaches to Paid Leave.” The “Interstate Paid Leave Action Network” (I-PLAN), H.R. 3090, authored by the Bipartisan House Working Group on Paid Leave, is expected to be a central focus of the hearing given its bipartisan support. The bill would provide support and incentives for the development and adoption of an interstate agreement to streamline benefit delivery, reduce administrative burdens, and harmonize state paid family and medical leave programs for the benefit of employers and employees. Hearing witnesses have not been publicly noticed at this time. The hearing will be live-streamed on the Committee’s YouTube page.

DHS Issues NPRM on Employment Authorization Reform for Asylum Applicants 

The Department of Homeland Security issued a Notice of Proposed Rulemaking (NPRM) to modify regulations governing applications for asylum and withholding of removal (asylum applications) and employment authorization based on a pending asylum application. Comments are due 60 days after publication in the Federal Register.