In a 6–3 decision, the Court ruled that Trump's IEEPA tariffs exceeded presidential authority. Every duty paid under these tariffs may now be recoverable — but the window to act is limited, and the process will be complex.
Tell us about your import activity. We'll seek to update you as more information is available and help you assess whether your business may qualify for a refund.
We'll review your information and follow up as soon as we are able.
On February 20, 2026, the United States Supreme Court ruled that the International Emergency Economic Powers Act does not grant the President authority to impose tariffs without Congressional approval. Chief Justice Roberts authored the majority opinion, joined by Justices Sotomayor, Kagan, Jackson, Gorsuch, and Barrett.
"No president had previously used the IEEPA to impose tariffs of such magnitude and scope. This constitutes a transformative expansion of presidential authority over tariff policy."
Chief Justice John Roberts, majority opinion
The ruling immediately invalidated a wide range of tariffs, including the 10% baseline duty on most imports and significantly higher tariffs on goods from specific countries. Justices Thomas, Alito, and Kavanaugh dissented.
"The refund process is likely to be a 'mess,' as was acknowledged at oral argument."
Justice Brett Kavanaugh, dissent
President Trump invokes IEEPA to impose sweeping tariffs — a 10% baseline on most imports, with rates as high as 145% on Chinese goods.
Multiple lawsuits challenge the tariffs' constitutionality. Courts issue mixed rulings on the scope of presidential trade authority.
The Court agrees to hear arguments on whether IEEPA authorizes tariff imposition without explicit Congressional approval.
Chief Justice Roberts writes that IEEPA does not grant tariff authority. The ruling opens the door to billions in potential refunds.
The Court of International Trade and CBP will determine the mechanics. Businesses must take proactive steps to preserve their refund rights.
Any business that paid duties under the IEEPA tariffs may be entitled to a refund. This includes:
Businesses that directly imported goods and paid tariffs at the border
Companies that source components or raw materials from overseas suppliers
Businesses that absorbed inflated costs on imported consumer goods
Attorneys and customs brokers advising clients on refund eligibility