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Bessent Says U.S. May Refund Half of Tariffs if Supreme Court Strikes Trump’s Duties

An appeals court’s curb on IEEPA powers now pushes the administration to seek fast Supreme Court review.

Treasury Secretary Scott Bessent speaks in the Oval Office at the White House Sept. 5, 2025.
(Photo by Kevin Dietsch/Getty Images)
FILE - The Supreme Court Building is seen in Washington on March 28, 2017. (AP Photo/J. Scott Applewhite, File)

Overview

  • Treasury Secretary Scott Bessent told NBC the department would refund about half of collected tariffs if the IEEPA-based duties are ruled unlawful, calling the prospect "terrible for the Treasury."
  • The administration has petitioned the Supreme Court to expedite the case for early November after a 7–4 Federal Circuit ruling concluded most reciprocal tariffs exceeded presidential authority.
  • Under the appeals court’s order, the tariffs remain in effect through Oct. 14 while the government pursues its appeal.
  • Bessent warned that a decision next summer could require unwinding $750 billion to $1 trillion in duties; Treasury data reported revenue of about $142 billion as of July.
  • Officials say they are weighing other legal tools, including Section 232 and sector-specific levies, and the Tax Foundation estimates the plan initially reached nearly 70% of imports versus roughly 16% if the challenged duties fall.