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US may owe $1 trillion in refunds if SCOTUS cancels Trump tariffs

Posted on 11/16/25 at 10:59 am
Posted by Street Hawk
Member since Nov 2014
3591 posts
Posted on 11/16/25 at 10:59 am
quote:

If Donald Trump loses his Supreme Court fight over tariffs, the US may be forced to return “tens of billions of dollars to companies that have paid import fees this year, plus interest,” The Atlantic reported. And the longer the verdict is delayed, the higher the refunds could go, possibly even hitting $1 trillion.

For tech companies both large and small, the stakes are particularly high. A Trump defeat would not just mean clawing back any duties paid on imports to the US that companies otherwise can use to invest in their competitiveness. But, more critically in the long term, it would also end tariff shocks that, as economics lecturer Matthew Allen emphasized in a report for The Conversation, risked harming “innovation itself” by destabilizing global partnerships and diverse supply chains in “tech-intensive, IP-led sectors like semiconductors and software.”

Currently, the Supreme Court is weighing two cases that argue that the US president does not have unilateral authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA). Defending his regime of so-called “reciprocal tariffs,” Trump argued these taxes were necessary to correct the “emergency” of enduring trade imbalances that he alleged have unfairly enriched other countries while bringing the US “to the brink of catastrophic decline.”

Not everyone thinks Trump will lose. But after oral arguments last week, prediction markets dropped Trump’s odds of winning from 50 to 25 percent, Forbes reported, due to Supreme Court justices appearing skeptical.

LINK

Question for the MB: If the government is indeed forced to refund these tariffs, what effect could it have on inflation? I'm not sure how the money flow works and I'm curious about the second and third order effects.
Posted by lsuconnman
Baton rouge
Member since Feb 2007
4394 posts
Posted on 11/16/25 at 11:09 am to
This will be filed with the other obscure “judicial necessity” cases you learn in conlaw.

Ask any native how winning the improper takings battles worked out.
Posted by go ta hell ole miss
Member since Jan 2007
14445 posts
Posted on 11/16/25 at 11:12 am to
So does that mean consumers who those costs were passed down to will then have a claim to reimbursement?
Posted by lsuconnman
Baton rouge
Member since Feb 2007
4394 posts
Posted on 11/16/25 at 11:20 am to
It will be like every other ruling that goes against the government that deals with money. Congrats on the moral victory. But, the foundation of government and the social compact is more important than making the citizens whole.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
53366 posts
Posted on 11/16/25 at 11:30 am to
I'd imagine the courts may put a timeframe on it to maybe allow Congress to convene and pass the tariffs to avoid economic crisis but who knows
Posted by UltimaParadox
North Carolina
Member since Nov 2008
50530 posts
Posted on 11/16/25 at 1:30 pm to
Maybe a settlement where companies get future tax savings, deductions etc to offset the losses
Posted by Big Scrub TX
Member since Dec 2013
38205 posts
Posted on 11/16/25 at 3:29 pm to
What about the Biden steel tariffs? How far back does it go?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
464073 posts
Posted on 11/16/25 at 3:48 pm to
quote:

What about the Biden steel tariffs?

What about them?

Those weren't created via the IEEPA so they won't be affected by this ruling.
Posted by beaverfever
Arkansas
Member since Jan 2008
35301 posts
Posted on 11/16/25 at 6:14 pm to
quote:

Maybe a settlement where companies get future tax savings, deductions etc to offset the losses
Everyone has said the entire time that the consumer eats the costs of tariffs. Why would the companies be due anything?
Posted by Motownsix
Boise
Member since Oct 2022
3057 posts
Posted on 11/16/25 at 6:33 pm to
quote:

Everyone has said the entire time that the consumer eats the costs of tariffs. Why would the companies be due anything


The companies pay the tariffs and they pass that increased cost on to the consumer by raising prices. So if Walmart gets reimbursed I’m sure they will pass that on to the consumers. (Sarcasm)
Posted by dewster
Chicago
Member since Aug 2006
26336 posts
Posted on 11/16/25 at 8:27 pm to
Well if the consumers pay them (and that's the argument they are making - that it's a tax) - it would basically have to be a massive tax credit or stimulus check.

So yeah the inflation pressure would be enormous.

But none of that is going to happen.
Posted by UltimaParadox
North Carolina
Member since Nov 2008
50530 posts
Posted on 11/16/25 at 8:53 pm to
quote:

Everyone has said the entire time that the consumer eats the costs of tariffs. Why would the companies be due anything?


Not sure anyone has said that the customer has ate the entire cost. They are definitely raising prices due to tariffs, but I'm sure they have absorbed some early.

However it does appear they have been pushing more and more down to consumers.

As usual though the customers will get screwed
Posted by dstone12
Texan
Member since Jan 2007
38226 posts
Posted on 11/16/25 at 10:41 pm to
Would love this this to cause all other countries to pay back tarrifs they charged us for over the years.




4 d chess.

That is in the neighborhood of TRILLIONS.
This post was edited on 11/17/25 at 8:25 am
Posted by TigerMan327
Elsewhere
Member since Feb 2011
6033 posts
Posted on 11/16/25 at 10:44 pm to
Where’s the math on this?

We’ve only received like 80-100 billion more in tariff income than this time last year. Not sure how that turns into 1 trillion in refunds
Posted by Victor R Franko
Member since Dec 2021
1968 posts
Posted on 11/17/25 at 5:26 am to
I don't believe Congress placed those tariffs, the Biden Administration did, the same as Trump now. Biden claimed National Security concerns then when placing the tariffs.

Froom Brave AI,
quote:

President Joe Biden placed new steel tariffs on imports from Mexico; Congress did not enact these measures. On July 10, 2024, the Biden administration announced a "melted and poured" requirement for steel imported from Mexico, reinstating a 25% Section 232 tariff on steel articles that were not melted and poured in Mexico, the United States, or Canada.
This action was taken to prevent circumvention of existing U.S. tariffs by third countries, particularly China, routing steel through Mexico.
The policy was implemented via presidential proclamation under Section 232 of the Trade Expansion Act of 1962, not through congressional legislation.
While some lawmakers expressed concerns that the measures were insufficient and introduced related legislation, the tariffs themselves were unilaterally imposed by the executive branch.


I wanted to edit for this
quote:

Those weren't created via the IEEPA so they won't be affected by this ruling.

as I'm sure you're going to argue the steel tariff is not part of IEEPA. Yes, it's not part of IEEPA, regardless of the reason, the tariff is enacted by Presidential edict and not Congress.
This post was edited on 11/17/25 at 6:03 am
Posted by Big Scrub TX
Member since Dec 2013
38205 posts
Posted on 11/17/25 at 11:15 am to
quote:


as I'm sure you're going to argue the steel tariff is not part of IEEPA. Yes, it's not part of IEEPA, regardless of the reason, the tariff is enacted by Presidential edict and not Congress.
I guess this is my question. SCOTUS is only considering this narrow application?
Posted by windriverwonders
Member since Jan 2022
76 posts
Posted on 11/17/25 at 1:35 pm to
How can the government owe more than they have collected?
Posted by boogiewoogie1978
Little Rock
Member since Aug 2012
19249 posts
Posted on 11/17/25 at 1:44 pm to
quote:

How can the government owe more than they have collected?

How can they spend more than they collect?

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