
Companies are feeling which way the wind is blowing and a number of them expect the Supreme Court to rule that Donald Trump had no authority to levy the tariffs they have already paid. A number of them are preparing to sue to get the money they paid in tariffs back if the Court tosses the tariffs. One big one, Costco, just filed for a full refund for monies unlawfully collected from it. If the tariffs are ruled illegal, it has a strong case. It is being represented in court by Crowell & Moring, which apparently hasn't been cowed by Trump.
Trump claimed that the International Emergency Economic Powers Act (IEEPA) gave him the power to levy tariffs on his own despite the facts that: (1) there is no emergency and (2) tariffs are not listed among the powers the president gets if the act is invoked. The Court heard oral arguments last month, but a ruling could come as late as June 2026.
Trump has announced (multiple) big plans for all the money being raised including a $2,000 check for everyone. If he has to give all the money back, there go his big plans. Of course, the Court could make some crazy ruling like "The tariffs were illegal but it is too complicated to give the money back, so tough luck." (V)