Can I get my tariff money back now?

What It Covers

The Supreme Court ruled 6-3 that Trump's IEEPA-based tariffs are unconstitutional, stripping presidential authority to impose unlimited tariffs unilaterally, while over $100 billion in collected tariffs may require refunds through future litigation.

Key Questions Answered

• •Constitutional tariff authority: Congress holds tariff power under the Constitution, meaning any delegation to the executive branch must be explicit and constrained. IEEPA never explicitly granted tariff authority, so Trump's reliance on it was ruled invalid by a 6-3 majority.
• •Tariff refund uncertainty: Over $100 billion in IEEPA-collected tariffs may be refundable to businesses, but no legal mechanism currently exists to process claims. Businesses should monitor litigation developments closely, as refund eligibility will likely require years of additional court proceedings.
• •Presidential tariff workarounds: Trump immediately pivoted to Section 122, a statute that grants limited, constrained tariff authority, announcing a 10% global tariff. Businesses should expect similar tariff levels to persist, just operating under a different and more legally defensible statutory framework.
• •Business impact of tariff costs: Pet products company Woof spent hundreds of thousands of dollars on IEEPA tariffs, diverting funds from hiring, distribution, and product development. Business owners facing tariff exposure should document all tariff payments now to preserve potential refund claims.