The US Supreme Court has struck down former President Donald Trump’s sweeping emergency tariffs, dealing a major blow to his administration’s economic and foreign policy agenda. However, while the court ruled the levies unlawful, it left a critical question unanswered: what happens to the $133 billion already collected in import taxes?
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Illinois Governor Demands Refunds
JB Pritzker, the Democratic Governor of Illinois, quickly responded to the ruling. He sent Trump an invoice demanding nearly $9 billion in tariff refunds for families in his state. In his letter, Pritzker accused the former president’s tariff policies of harming farmers, angering allies, and driving up grocery prices.
Pritzker demanded about $1,700 per Illinois household, citing estimates from Yale University experts who calculated that the average US household paid that amount in tariffs last year. He also warned that Illinois could pursue further legal action if compensation does not follow.
Who Gets the Money?
The scale of potential repayments is enormous. According to the Penn-Wharton Budget Model, refunds could total up to $175 billion. Yet, the ruling does not clarify who should receive the funds.
Consumers who paid higher prices after companies passed on tariff costs may hope for refunds. However, analysts say direct compensation to households remains unlikely. Instead, importers and companies that paid the duties at the border may receive the money.
US Treasury Secretary Scott Bessent has expressed doubts that ordinary Americans will see any direct payout. Meanwhile, Trump acknowledged that any refund process could drag on for years. “I guess it has to get litigated for the next two years,” he told reporters, adding that court battles could stretch up to five years.
That outlook contrasts sharply with Trump’s earlier campaign remarks, when he promised that Americans would receive a “little rebate” due to high tariff revenues.
A Legal and Administrative ‘Mess’
In his dissent, Justice Brett Kavanaugh noted that the court’s decision does not address how the government should return the billions already collected. He warned that the refund process could become a “mess,” echoing concerns raised during earlier hearings.
The US Customs Agency reported that it collected $133 billion in tariffs as of mid-December. Although the agency already has procedures to refund duties in cases of error, experts say the unprecedented scale of this case complicates matters.
Trade lawyer Dave Townsend of Dorsey & Whitney suggested that authorities could adapt existing refund systems. In the 1990s, courts struck down a harbor maintenance fee on exports and created a mechanism for exporters to claim refunds. However, that case involved far fewer claims and smaller sums.
Companies Line Up for Claims
Legal experts expect importers to recover funds eventually, but the path forward may prove turbulent. Trade lawyer Joyce Adetutu of Vinson & Elkins predicted a “bumpy ride” as courts and agencies sort through claims.
Several major companies have already filed lawsuits seeking refunds, even before the Supreme Court ruling. Retail giant Costco, cosmetics brand Revlon, and seafood producer Bumble Bee Foods are among those positioning themselves at the front of the line.
The refund process will likely involve US Customs and Border Protection, the Court of International Trade in New York, and other lower courts. Some legal analysts speculate that the government could establish a streamlined online portal for claims.
More Court Battles Ahead
Despite the ruling, fresh legal disputes may arise. Manufacturers could challenge how refunds are distributed, especially if suppliers that raised prices during the tariff period receive payments.
Ultimately, the Supreme Court’s decision reshapes US trade policy and raises complex financial questions. While importers may eventually recover funds, the fate of billions in tariff revenue—and whether consumers will see any relief—remains uncertain.
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