"Well Dana, that's not the big question, Bessent began. Let's just level-set here. What the Supreme Court did was a very narrow reading of the president's authority under the IEEPA tariffs. Bessent said the president has other tariff authorities that are now at the administration's disposal. And Dana, when you say, It's a big question,' that's bad framing because the Supreme Court didn't even address that."
"No, no, no, Dana, it is not up to me, Bessent exclaimed. It is not up to the administration; it is up to the lower court. Let's just be clear on that. Okay well, the Justice Department told a federal appeals court in this very case last year, 'If tariffs imposed on plaintiffs during these appeals are ultimately held unlawful, then the government will issue refunds to plaintiffs.'"
A Supreme Court ruling narrowly interpreted presidential authority under the International Emergency Economic Powers Act (IEEPA) in relation to tariffs. The ruling remanded the case to a lower court and did not directly address whether the roughly $134 billion collected in emergency tariffs must be refunded. The Treasury Department emphasized that other statutory tariff authorities remain available to the administration. The Justice Department previously told an appeals court that refunds would be issued if tariffs imposed during appeals are ultimately held unlawful. The administration said it will await the lower court's decision before taking steps on refunds.
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