Source: Washington Post
by Neal Katyal
“When the U.S. government makes a representation in federal court, it is not a talking point. It is a commitment. In the landmark tariff litigation decided by the Supreme Court on Friday, that commitment was explicit: to give refunds if President Donald Trump’s tariffs were declared illegal. … At several points along the way, government lawyers assured judges that there would be no ‘harm’ in allowing tariff collection to continue during the appeal process because duties later invalidated could be refunded — with interest. Businesses would be made whole. Indeed, after I argued the case before the Supreme Court on Nov. 5, the government doubled down on that promise in filings in lower court. … Now the Supreme Court has ruled, and the tariffs have been invalidated. Yet Trump and Treasury Secretary Scott Bessent are suggesting that refunds could take years, entangled in further litigation and administrative delay.” (02/24/26)