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Tariff Windfall Faces Supreme Court Test as Treasury Counts $165 Billion

A Supreme Court review now threatens the emergency tariff program that delivered $165 billion to the Treasury this fiscal year.

Overview

  • Treasury data show customs duties reached $165 billion in fiscal 2025, a $95 billion increase from a year earlier.
  • The Federal Circuit on Aug. 29 questioned use of IEEPA for sweeping tariffs, with stays keeping duties in force as the administration seeks expedited Supreme Court review.
  • Treasury Secretary Scott Bessent says a loss would require refunding about half of the collected duties to importers.
  • The Yale Budget Lab estimates invalidation could erase roughly $1.5 trillion in revenue over a decade, while S&P recently cited tariff receipts as a support for the AA+ rating.
  • The White House is preparing fallback tariffs under Sections 232 and 301, a more cumbersome approach that analysts warn could raise business costs already reported by importers.