More than 1,000 companies are now seeking refunds from the U.S. government after the Supreme Court struck down President Trump’s tariffs as unconstitutional.
FedEx filed suit Friday in the U.S. Court of International Trade, joining a wave of major corporations — including Costco and Revlon — in demanding reimbursement for tariffs the government collected after President Trump imposed them. The filing states FedEx has “suffered injury” from the tariffs and seeks relief to redress those harms.
The Supreme Court’s 6-3 ruling Friday determined that Trump’s tariffs, imposed under an emergency powers law, exceeded the president’s constitutional authority. Trump responded sharply, saying he was “absolutely ashamed” of the justices who opposed him and accusing them of being “disloyal to our Constitution” and “lapdogs.”
The Supreme Court’s decision creates a massive administrative and legal challenge: the federal government must process potentially thousands of individual refund claims totaling billions of dollars, or face years of litigation in the Court of International Trade.
The Scale of the Tariff Refund Challenge
The federal government collected more than $133 billion from the tariffs as of December, federal data shows. A study by the Federal Reserve Bank of New York found that U.S. businesses and consumers bore nearly 90% of the tariff burden, passing the costs down to companies dependent on imported goods and raw materials.
Tim Meyer, a law professor at Duke University, warned that resolving the refund claims will strain the judicial system. “We’re going to have to wait and see how the government decides to handle the refund claims,” Meyer said. “And then if the government chooses not to set up a process for the refunds, ultimately the Court of International Trade is going to have to adjudicate over a thousand cases.”
The National Retail Federation responded to the ruling by urging the lower court to establish an efficient refund mechanism. “The refunds will serve as an economic boost and allow companies to reinvest in their operations, their employees and their customers,” the federation said in a statement.
What’s Next: Trump’s Alternative Path
Despite the Supreme Court setback, Trump has signaled his intent to reimpose tariffs through alternative legal channels. Section 122 of the Trade Act of 1974 permits the president to impose tariffs of up to 15% for up to 150 days without additional Congressional approval. Any extension beyond 150 days would require legislative authorization unlikely to materialize ahead of the November 2026 midterm elections.
The immediate question is whether the government will voluntarily establish a streamlined refund process or whether the Court of International Trade will be forced to adjudicate thousands of individual claims over years of litigation.