President Trump faces obstacles from his own Justice Department as his administration attempts to avoid refunding over $170 billion in tariffs struck down by the Supreme Court’s 6-3 ruling. The Court determined Trump illegally used emergency economic powers but did not specify whether refunds were required. However, previous DOJ arguments could undermine efforts to block repayment. Government lawyers previously promised plaintiffs would “assuredly receive payment on their refund with interest” if they won, and trade lawyers expect judges to hold the administration to those promises. More than 1,500 tariff refund lawsuits are already pending. The DOJ stated it would not oppose the trade court’s authority to order officials to recalculate tariffs and refund differences. Though the DOJ later added language conditioning its endorsement on a “final and unappealable decision,” trade lawyers questioned what legal grounds could justify withholding refunds the Supreme Court found unlawfully taken.
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