NATIONAL NEWS

The Supreme Court struck down Trump’s tariffs. Now comes the hard work of issuing refunds

Feb 20, 2026, 9:08 PM | Updated: Feb 21, 2026, 6:06 am

Ships are docked at the Port of Long Beach Friday, Feb. 20, 2026, in Long Beach, Calif. (AP Photo/D...

Ships are docked at the Port of Long Beach Friday, Feb. 20, 2026, in Long Beach, Calif. (AP Photo/Damian Dovarganes)
Credit: ASSOCIATED PRESS

(AP Photo/Damian Dovarganes)

WASHINGTON (AP) — The Supreme Court on Friday struck down President Donald Trump’s biggest and boldest tariffs. But the justices left a $133 billion question unanswered: What’s going to happen to the money the government has already collected in import taxes now declared unlawful?

Companies have been lining up for refunds. But the way forward could prove chaotic.

When the smoke clears, trade lawyers say, importers are likely to get money back — eventually. “It’s going to be a bumpy ride for awhile,” said trade lawyer Joyce Adetutu, a partner at the Vinson & Elkins law firm.

The refund process is likely to be hashed out by a mix of the U.S. Customs and Border Protection agency, the specialized Court of International Trade in New York and other lower courts, according to a note to clients by lawyers at the legal firm Clark Hill.

“The amount of money is substantial,” Adetutu said. “The courts are going to have a hard time. Importers are going to have a hard time.’’

Still, she added, “it’s going to be really difficult not to have some sort of refund option’’ given how decisively the Supreme Court repudiated Trump’s tariffs.

In its 6-3 opinion on Friday, the court ruled Trump’s attempt to use an emergency powers law to enact the levies was not valid. Two of the three justices appointed by Trump joined the majority in striking down the first major piece of his second-term agenda to come before them.

At issue are double-digit tariffs Trump imposed on almost every country in the world last year by invoking the 1977 International Emergency Economic Powers Act (IEEPA). The Supreme Court ruled that the law did not give the president authority to tax imports, a power that belongs to Congress.

The U.S. customs agency has already collected $133 billion in IEEPA tariffs as of mid-December. But consumers hoping for a refund are unlikely to be compensated for the higher prices they paid when companies passed along the cost of the tariffs; that’s more likely to go to the companies themselves.

In a dissenting opinion, Justice Brett Kavanaugh dinged his colleagues for dodging the refund issue: “The Court says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers.’’

Borrowing a word that Justice Amy Coney Barrett — who sided with the majority — used during the court’s November hearing on the case, Kavanaugh warned that “the refund process is likely to be a ‘mess.’”

“I guess it has to get litigated for the next two years,” Trump told reporters at a press conference Friday, in which he decried the court’s decision and said he was “absolutely ashamed” of some justices who ruled against his tariffs. “We’ll end up being in court for the next five years.”

The end of the IEEPA tariffs could help the economy by easing inflationary pressures. The tariff refunds — like other tax refunds — could stimulate spending and growth. But the impacts are likely to be modest.

Most countries still face steep tariffs from the U.S. on specific sectors, and Trump intends to replace the IEEPA levies using other options. The refunds that do get issued will take time to roll out — 12 to 18 months, estimates TD Securities.

The U.S. customs agency does have a process for refunding duties when importers can show there’s been some kind of error. The agency might try to build on the existing system to refund Trump’s IEEPA tariffs, said trade lawyer Dave Townsend, a partner with the law firm Dorsey & Whitney.

And there has been a precedent for courts making arrangements to give companies their money back in trade cases. In the 1990s, the courts struck down as unconstitutional a harbor maintenance fee on exports and set up a system for exporters to apply for refunds.

But the courts and U.S. customs have never had to deal with anything like this — thousands of importers and tens of billions of dollars at once.

“Just because the process is difficult to administer doesn’t mean the government has the right to hold on to fees that were collected unlawfully,″ said trade lawyer Alexis Early, partner at the law firm Bryan Cave Leighton Paisner.

Ryan Majerus, a partner at King & Spalding and a former U.S. trade official, said it’s hard to know how the government will deal with the massive demand for refunds. It might try to streamline the process, perhaps setting up a special website where importers can claim their refunds.

But Adetutu warns that “the government is well-positioned to make this as difficult as possible for importers. I can see a world where they push as much responsibility as possible onto the importer’’ — maybe forcing them to go to court to seek the refunds.

Many companies, including Costco, Revlon and canned seafood and chicken producer Bumble Bee Foods, filed lawsuits claiming refunds even before the Supreme Court ruled, essentially seeking to be at the head of line if the tariffs were struck down.

There are likely to be more legal battles ahead. Manufacturers might, for example, sue for a share of any refunds given to suppliers that jacked up the price of raw materials to cover the tariffs.

“We may see years of ongoing litigation in multiple jurisdictions,’’ Early said.

Consumers, though, are unlikely to enjoy a refund windfall. The higher prices they’ve had to pay would likely be hard to attribute to a specific tariff. Should they pursue refunds anyway? Early wouldn’t advise wasting money on legal fees, but said: “In America, we have the ability to file a lawsuit for anything we want.’’

Illinois Gov. JB Pritzker, a Democrat and Trump antagonist, is demanding a refund on behalf of his state’s 5.11 million households. In a letter addressed to Trump and released by Pritzker’s gubernatorial campaign, the governor said the tariffs had cost each Illinois household $1,700 — or $8.7 billion. Pritzker said failure to pay will elicit “further action.”

Nevada Treasurer Zach Conine submitted a payment request to the federal government for $2.1 billion to recoup the costs of the tariffs, his office announced Friday.

“As Nevada’s chief investment officer, I have a responsibility to try to recoup every single dollar that the Trump Administration takes from Nevada families,” Conine said in a statement.

___

AP Writers Lindsay Whitehurst and Christopher Rugaber in Washington, Jessica Hill in Las Vegas and John O’Connor in Springfield, Illinois, contributed to this story.

Please follow our Community Guidelines

National News

Envelopes for mail-in ballots at the Wake County Board of Elections are seen on Thursday, Sept. 3, ...

Associated Press

Trump administration makes another appeal to the Supreme Court to allow mail ballot restrictions

WASHINGTON (AP) — The Trump administration on Sunday renewed its appeal to the Supreme Court after a federal judge blocked new restrictions on mail ballots ahead of the midterms. The filing came after U.S. District Court Judge Indira Talwani extended an order against the Postal Service enforcing President Donald Trump’s executive order for the November […]

4 hours ago

City Councillor Renaldo Agostino looks at the Detroit skyline across the Detroit River Monday, Aug....

Associated Press

US tourism groups want to win Canadian visitors back. A testy trade war isn’t helping

LAS VEGAS (AP) — Appeals from American tourism organizations seemed to be everywhere Josh Loewen looked over the last year. Billboards and banners proclaimed a state or city’s love for Canada. Online and social media ads offered special deals for travelers from north of the border. As a Vancouver resident and marketing executive himself, Loewen […]

7 hours ago

In this photo taken with a smartphone, Brent Williams, who suffers from the tick bite allergy known...

Associated Press

A Kentucky man with a meat allergy was craving a burger. So he got into ostrich farming

DANVILLE, Ky. (AP) — When a friend approached Brent Williams four years ago with a business proposition to start an ostrich farm, he was more than intrigued — he had a personal motivation as someone who developed a life-threatening allergy to red meat, triggered by tick bites. The problem, known as alpha-gal syndrome, was first […]

7 hours ago

President Donald Trump gestures in the Oval Office of the White House, Thursday, Aug. 27, 2026, in ...

Associated Press

A whiplash election year enters its final stretch as Trump holds wild cards

WASHINGTON (AP) — In the earliest days of this election cycle, the U.S. wasn’t at war with Iran. The East Wing of the White House was still standing and the Kennedy Center wasn’t threatened with demolition. Artificial intelligence data centers weren’t bipartisan shorthand for the tech sector’s excess. Democratic socialists were largely confined to the […]

7 hours ago

California Gov. Gavin Newsom speaks to supporters during a campaign event at the Brookland-Lakeview...

Associated Press

California made Gavin Newsom famous. Will it drag down his 2028 presidential ambitions?

SUMMERVILLE, S.C. (AP) — Gavin Newsom’s secret is no secret here in South Carolina. They were selling “Gavin 2028” buttons outside his events this past week as he trekked across the state that will hold Democrats’ first presidential primary. His allies, the state party chair, college presidents and pro-Newsom activists all openly hinted at his […]

14 hours ago

FILE - People embrace near the scene of a shooting outside the Islamic Center in San Diego, May 18,...

Associated Press

Parents of San Diego mosque gunman say a mental health facility failed to heed FBI warning

LOS ANGELES (AP) — Just days before two teenagers carried out a mass shooting at a San Diego mosque, federal law enforcement officials warned the parents of one of the shooters that their son was making concerning comments about school shootings on the dark web, according to new details included in a recently filed lawsuit. […]

19 hours ago

The Supreme Court struck down Trump’s tariffs. Now comes the hard work of issuing refunds