Overview
- The Court issued no ruling Friday in the challenge to tariffs imposed under the International Emergency Economic Powers Act, so the duties remain in effect with no decision date announced; the justices have scheduled another opinion day for Wednesday, Jan. 14 without specifying cases.
- Two lower courts—the Court of International Trade and the Federal Circuit—have already found IEEPA does not authorize broad tariff powers, and several justices voiced skepticism in November, citing major-questions and non‑delegation concerns.
- Customs data show about $133.5 billion collected through mid‑December with industry estimates nearing $150 billion, and any Supreme Court decision could limit or shape refund obligations rather than order blanket repayments.
- Refund efforts face procedural hurdles as many entries hit a 314‑day liquidation deadline, and CBP will shift to electronic distributions via the ACE portal from Feb. 6, a process change viewed as preparation rather than a guarantee of refunds.
- The White House says it expects to win yet is ready to reconstitute duties under other statutes such as the 1962 Trade Act, as companies including Costco, Revlon, Toyota affiliates, Kawasaki and Yokohama file protective suits and prediction markets put only about 25%–28% odds on a full win for the tariffs.