How This Hits Your Wallet
The Supreme Court ruling voids tariffs that inflated prices on imported clothes, electronics, and groceries. But retail prices may not fall immediately, because companies are not obligated to pass refunded tariff money back to shoppers. Importers are now lining up to reclaim billions in overpaid tariffs—a process that could take 12 to 18 months. Economists estimate potential refunds could reach $175 billion, though some forecasts are lower. That delay means the savings you hoped for might not show up in your shopping cart anytime soon.
The Court's Decision
The Supreme Court ruled that President Trump unlawfully used the International Emergency Economic Powers Act to impose global tariffs. In a 6-3 decision, the justices found that Congress alone controls tariffs. Three justices dissented, arguing the president retained emergency tariff authority under existing law. Costco and Revlon, two of the plaintiffs, said the ruling confirms that tariffs must be set by Congress, not the president. The Trump administration and the three dissenting justices disputed this interpretation. The ruling left key questions unanswered, such as how to handle the billions already collected.
Businesses Battle for Refunds
Thousands of importers have filed lawsuits in the Court of International Trade demanding the return of tariffs paid on foreign goods. The refund process could touch millions of import entries and hundreds of thousands of companies. Luis Arandia, a trade lawyer at Husch Blackwell, says his firm alone is handling 5,000 refund entries. He described the workload as substantial. The Court of International Trade now faces a backlog of claims that could stretch for over a year before cash flows back to importers.
Trump's Pivot to New Tools
Trump said he may use Section 122 of the Trade Act of 1974, which lets the president impose temporary tariffs for 150 days if both he and the Treasury determine a "fundamental" international-payments threat exists. Legal experts debate whether this provision would survive the same constitutional scrutiny that struck down his previous tariffs. This shift aims to target countries Trump accuses of unfair practices. Oklahoma Governor Kevin Stitt, a Republican, supports the move. Colorado Governor Jared Polis, a Democrat, urged Congress to block any new tariffs. Former Vice President Mike Pence said resurrecting tariffs without congressional approval "would aggrandize the executive at the expense of the legislative power the Constitution assigns to Congress."
Researchers at Yale's Budget Lab project the average effective U.S. tariff rate could drop to 9.1% if the voided levies disappear and cost savings flow through the supply chain. Officials from the European Union have requested clarity on disrupted trade agreements. Major importers and manufacturers worry that stopgap tariffs might not fully replace the original ones, prolonging uncertainty for global supply chains.