
More than 300,000 businesses now face a new fight: how to recover roughly $134 billion in tariffs after the Supreme Court of the United States struck down former President Donald Trump’s sweeping trade measures.
In a 6–3 decision written by Chief Justice John Roberts, the court ruled that Trump exceeded his authority when he imposed broad tariffs under emergency economic powers. But the ruling stopped short of explaining what should happen to the billions already collected from importers.
That unanswered question now looms large. The Trump administration has said it would refund the money if the court ruled against the tariffs, yet officials have not laid out a clear plan. In a dissent, Justice Brett Kavanaugh warned that returning such a massive sum could carry “significant consequences” for the Treasury and predicted the process could turn messy.
Legal experts say companies will likely need to file individual claims in the Court of International Trade. That means more legal bills and more waiting, even though the government tracks every tariff payment.
Treasury Secretary Scott Bessent has said the department has enough cash to issue refunds if required, though he questioned whether companies would pass any recovered funds back to customers.
History suggests refunds can take time. After a 1998 high court ruling, the government repaid $730 million in tariffs — but the process stretched over two years.
For now, businesses remain in limbo, and consumers should not expect rebate checks anytime soon.
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