So here's what happens when you lose a big legal battle and try to slow-walk the consequences: sometimes the court just says no.
That's what happened Monday when a federal appeals court denied the Trump administration's request to delay the refund of billions of dollars in tariffs. The administration wanted 90 days to "consider options" after the Supreme Court last month invalidated $133 billion in tariffs imposed under emergency powers. The court wasn't having it.
"Nothing about the refund issue warrants any delay in issuing this Court's mandate, let alone a staggering three months' delay," lawyers for the small businesses that challenged the tariffs wrote in their filing. "The proper time to issue the mandate is now."
And now it is. The U.S. Court of International Trade is now authorized to begin figuring out how to get money back to the businesses that successfully contested President Donald Trump's global tariffs.
Neal Katyal, one of the lawyers representing those businesses, said after the appeals court's decision that his team "will be proceeding immediately" to get the refunds that Americans are owed. Which sounds like they're not planning to wait around.
The Backstory: A Supreme Court Ruling and a Refund Question
Last month, the Supreme Court struck down many of the emergency-law tariffs Trump imposed under the International Emergency Economic Powers Act. The high court basically said: you can't use this particular law to do that. But they left one important question unanswered: what happens to all the money that's already been collected?
That's where things get interesting. On Friday, the Trump administration asked the Federal Circuit to delay issuing its mandate for 90 days after the Supreme Court's ruling. Justice Department lawyers warned that the refund process could take years anyway, so what's the rush?
Trump himself reportedly questioned whether the case could be reheard, though the DOJ didn't signal any intention to request a Supreme Court review. Meanwhile, businesses have been lining up to get their money back.
The Stampede for Refunds
Following the Supreme Court ruling, dozens of companies have hurried to court to seek reimbursement. They're joining hundreds that had already filed lawsuits ahead of the decision.
After the ruling, FedEx filed a lawsuit against the administration seeking to recover tariffs. Back in December, Costco sought a complete refund of all duties collected under the IEEPA through its own lawsuit.
Think of it like this: the Supreme Court said the toll booth was illegal. Now everyone who paid the toll wants their money back. And they're not particularly interested in waiting while the people who ran the illegal toll booth "consider their options."
The appeals court's decision means the process can move forward without that 90-day waiting period. Which is good news for businesses that have been paying these tariffs, and potentially complicated news for whoever ends up figuring out how to actually get all that money back to where it belongs.
