It took only a few moments after the Supreme Court’s long-awaited tariff decision for President Trump to strike back by imposing an across-the-board 10% tariff. Within 24 hours, he increased it to 15%. Under Section 122 of the Trade Act of 1974, the tariffs remain in effect for the next 150 days. At that point, the tariff authority will expire unless Congress acts. Not to worry, the administration will have completed the mandatory work to continue the tariffs under yet another statute.
The same affected importers and others are likely to sue to prevent implementation. Still, given how long it took to secure a favorable decision on the original statute used to justify Trump’s torrent of tariffs, the administration will remain one step ahead of relief.
As for getting a refund for the illegal tariffs collected, Judge Kavanaugh, in his dissent, said that’s messy. Litigating the refunds could take years, according to Treasury Secretary Scott Bessent.
Nice try, Supreme Court, but the courts are just too slow to keep up with those bright administration people. Trump’s beloved tariffs will remain, while importers will grow old waiting for their refunds.
According to the administration and its media supporters, the importer’s High Court victory is just a mirage. Nothing has really changed. Trump will keep your money and keep collecting in the future.
That’s one plotline for the future of the Trump tariff regime, but there might be another script. The stage for court challenges to the administration is the Court of International Trade (CIT). This court will hear the demands of Costco, FedEx, and many others for refunds.
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