A federal appeals court rejected President Donald Trump’s request to delay refund litigation tied to tariffs struck down by the Supreme Court, allowing claims to proceed in the U.S. Court of International Trade.
By yourNEWS Media Newsroom
A federal appeals court on Monday denied President Donald Trump’s request to pause litigation over potential refunds stemming from tariffs previously struck down by the U.S. Supreme Court, allowing proceedings to resume in a lower court.
The decision by the U.S. Court of Appeals for the Federal Circuit clears the way for cases seeking repayment of duties collected under Trump’s global tariff program to move forward at the U.S. Court of International Trade.
Last month, the Supreme Court invalidated Trump’s country-specific global tariffs, a central component of his economic policy, ruling that the duties were unlawful. The tariffs had generated more than $130 billion in revenue for the federal government as of late 2025.
Following the high court’s ruling, the administration sought to delay further litigation for up to four months before refund proceedings resumed in the lower court. The request was rejected in a Monday order by the appeals court.
In filings submitted earlier in the day, a group of small businesses challenging the tariffs described the administration’s request for a delay as “plainly unreasonable.”
“This Court should not accept the government’s invitation to grant forms of relief the Supreme Court obviously found inappropriate,” the businesses argued.
The Supreme Court’s ruling does not affect sector-specific tariffs imposed under separate authorities.
The legal fight has expanded rapidly. According to the Liberty Justice Center, which represents several small businesses in the case, more than 900 refund claims have been filed in federal court. Major corporations have also joined the effort, including FedEx, which filed suit last month, and Costco, which initiated its challenge prior to the Supreme Court’s decision.
Additional companies filing claims include Dyson and L’Oreal. Analysts estimate that more than 1,000 corporate entities may ultimately be involved in the refund litigation.
The appeals court had previously ruled in August that many of the tariffs were illegal but held off on returning the matter to the Court of International Trade while the administration pursued review before the Supreme Court. Monday’s order lifted that hold.
“For months, the government insisted there was no irreparable harm because businesses could always be made whole through refunds,” the Liberty Justice Center said in a statement last week. “The government cannot have it both ways. It cannot argue there is no harm because refunds are available — and then delay when the time comes to return the money.”
After the Supreme Court invalidated the global tariffs, Trump invoked a different statutory authority to impose a new 10 percent duty on imports and has publicly stated he may increase that rate to 15 percent.
On Friday, Trump criticized the high court’s ruling on social media, writing, “Is a Rehearing or Readjudication of this case possible???”
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