The Supreme Court has blocked the Trump administration from using an emergency powers law to issue tariffs, possibly paving the way for refunds to companies that have been paying the extra costs since last April.
But President Donald Trump told reporters on Friday that those refunds may be contested in courts for years to come.
“I guess it has to get litigated for the next two years,” the president said on Feb. 20. When asked to clarify if he planned to honor refunds to companies that paid the tariffs, the president reiterated his previous answer.
“We’ll end up being in court for the next five years.”
A host of companies around the world have already filed preemptive lawsuits seeking refunds on those tariffs, including Cosmetics giant Revlon, Costco, Goodyear Tire & Rubber, and Dole Fresh Fruit Company.
An estimate from the Penn Wharton Budget Model says the Supreme Court’s decision could lead to $175 billion in tariff refunds.
Justice Brett Kavanaugh said in his dissent from Friday’s ruling that “the interim effects of the Court’s decision could be substantial.”
The tariffs helped the United States negotiate trade deals with China, Japan, the United Kingdom, and others, he said, and the ruling puts those deals in a state of uncertainty. He also noted it was unclear how those refunds would proceed.
“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,” Kavanaugh wrote.
“But that process is likely to be a ‘mess,’ as was acknowledged at oral argument.”
Trump made clear on Friday that he would use other legal tools to keep the tariffs in place, and hinted that these might result in even more revenue for the United States.
“We have alternatives, great alternatives, could be more money,” Trump said.
Minutes later he said the previous tariffs “remain in place, fully in place, and in full force and effect.” He then announced he would sign an order using one of those legal mechanisms, Section 122 of the Trade Act of 1974, to impose an additional blanket 10 percent tariff.
Former federal prosecutor Neama Rahmani told The Epoch Times that refund-seekers’ prospects look bleak.
“I don’t think were gonna see any refunds, because the president isn’t backing down, he’s doubling down.”
Rahmani said the companies would need to file a claim with the government first—those would be ignored or rejected, he said—then wait for their day in court.
“I would be surprised if anything happens before 2028; if you get something going in 2027, that’s probably gonna be as good as it’s gonna get,” he said.
Mark Malek, CIO at Siebert Financial, said refunds could be a source of economic volatility for the United States.
“The refund issue remains the wild card because importers now have a path to request repayment of already collected duties, which would convert what was once income into an immediate fiscal outflow,” Malek said in a note emailed to The Epoch Times.
Andrew Moran contributed to this report.














