By Ginika Igboke
The White House signaled Sunday that it is awaiting further judicial guidance on whether tariff-related refunds must be issued after the Supreme Court of the United States struck down several of the administration’s import levies last week.
In an interview on ABC News’ “This Week,” U.S. Trade Representative Jamieson Greer said the administration is waiting for direction from the courts.
“Well, we need the court to tell us what to do. They’ve created a situation where they struck down the tariffs and gave zero guidance on this,” Greer said. “Historically, as a trade attorney, in my experience, courts will normally give you some instruction on what to do, when.”
In a 6–3 decision issued Feb. 19, the Supreme Court ruled that tariffs imposed under the 1977 International Emergency Economic Powers Act (IEEPA) were unconstitutional. President Donald Trump had invoked the law last year to levy duties on trading partners. The Court did not address whether the administration must refund tariff payments, nor whether any repayments would go to companies or foreign governments.
In a dissent, Justice Brett Kavanaugh criticized the majority for not resolving the refund question, writing that 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.”
Greer said a lower court—likely the United States Court of International Trade—may need to provide instructions on how to proceed, including whether plaintiffs must have formally filed claims to receive refunds. The trade court had previously ruled against the tariffs, prompting the administration’s appeal to the Supreme Court.
“We just need to have guidance from the court,” Greer said.
Also on Sunday, Treasury Secretary Scott Bessent addressed the issue in an interview with CNN. As of mid-December 2025, the U.S. government had collected approximately $133 billion in IEEPA-related tariffs.
“The Supreme Court didn’t even address that,” Bessent said of potential refunds. “The Supreme Court remanded it down to a lower court. And we will follow what they say, but that could be weeks or months when we hear from them.”
“Refunds are not up to the administration; it is up to the lower court,” he added.
Hours after the ruling, Trump criticized the justices who struck down his tariff program and said he has other statutory authorities available to continue his trade policies. He subsequently announced new tariffs under a separate law, raising duties to 15 percent.
“I have the right to do tariffs, and I’ve always had the right to do tariffs,” Trump said at a news conference, adding that he does not need congressional approval.
The Supreme Court case stemmed from a lawsuit filed by several companies, including Costco, Revlon, and Bumble Bee Foods, seeking refunds of tariff payments collected by the federal government.
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