Supreme

After Supreme Court rebuke, Democrats call for government to refund billions in Trump tariff money

A trio of Senate Democrats is calling for the government to start refunding roughly $175 billion in tariff revenues that the Supreme Court ruled were collected because of an illegal set of orders by President Trump.

Sens. Ron Wyden of Oregon, Ed Markey of Massachusetts and Jeanne Shaheen of New Hampshire are unveiling a bill on Monday that would require U.S. Customs and Border Protection to issue refunds over the course of 180 days and pay interest on the refunded amount.

The measure would prioritize refunds to small businesses and encourages importers, wholesalers and large companies to pass the refunds on to their customers.

“Trump’s illegal tax scheme has already done lasting damage to American families, small businesses and manufacturers who have been hammered by wave after wave of new Trump tariffs,” said Wyden, stressing that the “crucial first step” to fixing the problem begins with “putting money back in the pockets of small businesses and manufacturers as soon as possible.”

The bill is unlikely to become law, but it reveals how Democrats are starting to apply public pressure on a Trump administration that has shown little interest in trying to return tariff revenues after the Supreme Court announced its 6-3 ruling on Friday.

Because of the ruling, going into November’s midterm elections for control of Congress, Democrats have begun telling the public that Trump illegally raised taxes and now refuses to repay the money back to the American people.

Shaheen said that repairing any of the damage caused by the tariffs in the form of higher prices starts with “President Trump refunding the illegally collected tariff taxes that Americans were forced to pay.” Markey stressed that small business tend to have ”little to no resources” and a “refund process can be extremely difficult and time consuming” for companies.

The Trump administration has asserted that its hands are tied, because any refunds should be the responsibility of further litigation in court.

That message could put Republicans on the defensive as they try to explain why the government isn’t proactively seeking to return the money. GOP lawmakers had planned to try to preserve their House and Senate majorities by running on the income tax cuts that Trump signed into law last year, saying that tax refunds this year would help families.

Treasury Secretary Scott Bessent told CNN on Sunday that it’s “bad framing” to raise the question of refunds because the Supreme Court ruling did not address the issue. The administration’s position is that any refunds will be decided by lawsuits winding their way through the legal system, rather than by a president who has repeatedly stressed to voters that he has the ability to act with speed and resolve.

“It is not up to the administration — it is up to the lower court,” Bessent said, stressing that rather than offer any guidance he would “wait” for a court opinion on refunds.

Trump has defended his use of the 1977 International Emergency Economic Powers Act to impose broad tariffs on almost every U.S. trading partner, saying that his ability to levy taxes on imports had helped to end military conflicts, bring in new federal revenues and apply pressure for negotiating trade frameworks.

The University of Pennsylvania’s Penn Wharton Budget Model released estimates that the refunds would total $175 billion. That’s the equivalent of an average of $1,300 per U.S. household. But determining how to structure reimbursements would be tricky, as the costs of the tariffs flowed through the economy in the form of customers paying the taxes directly as well as importers passing along the cost either indirectly or absorbing them.

The president has previously claimed that refunds would drive up U.S. government debt and hurt the economy. On Friday, he told reporters at a briefing that the refund process could be finished after he leaves the White House.

“I guess it has to get litigated for the next two years,” Trump said, later amending his timeline by saying: “We’ll end up being in court for the next five years.”

Boak writes for the Associated Press.

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India, U.S. pause trade talks following Supreme Court tariff ruling

Feb. 23 (UPI) — A meeting on trade negotiations between the United States and India this week has been postponed in light of Friday’s Supreme Court ruling on President Donald Trump‘s tariffs.

Officials representing the United States and India were scheduled to meet for three days in Washington, D.C., to discuss their interim trade deal but the meeting has been delayed, CNBC, the BBC and Hindustan Times reported.

India’s top trade negotiator, Darpan Jain, was slated to travel to the United States for the meeting.

India is under a 25% reciprocal tariff imposed by the United States. It was expected to be reduced to 18% as part of an interim agreement between the countries earlier this month. The sides have continued to discuss future trade plans virtually since reaching the interim deal.

The United States and India were slated to finalize the interim agreement in March with it likely to go into effect in April. The framework for the agreement noted that any changes to the deal would allow the other country to “modify its commitments.”

On Friday, the U.S. Supreme Court ruled that Trump improperly applied the Emergency Economic Powers Act to impose a swath of tariffs. With those tariffs ruled unlawful, Trump announced a 15% global tariff, citing Section 122 of the Trade Act of 1974, which allows a president to impose temporary tariffs.

The act allows for the president to impose tariffs of up to 15% for 150 days.

The Trump administration continues to consider new plans to continue with its tariff policy, exploring other legal routes, U.S. Treasury Secretary Scott Bessent said in a social media post.

“We will immediately shift to other proven authorities — Actions 232, 301, and 122 — to keep our tariff strategy strong,” Bessent wrote.

President Donald Trump speaks alongside Administrator of the Environmental Protection Agency Lee Zeldin in the Roosevelt Room of the White House on Thursday. The Trump administration has announced the finalization of rules that revoke the EPA’s ability to regulate climate pollution by ending the endangerment finding that determined six greenhouse gases could be categorized as dangerous to human health. Photo by Will Oliver/UPI | License Photo

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Supreme Court to decide on throwing out climate change lawsuits

The Supreme Court agreed Monday to decide on shielding energy producers from dozens of lawsuits seeking to hold them liable for costs of global climate change.

In the past decade, dozens of cities, counties and states, including California, have joined state-based lawsuits that seek billions of dollars in damages, and they have won preliminary victories in state courts.

But the Trump administration and the energy producers urged the Supreme Court to throw out all of these suits on the grounds they conflict with federal law.

“Boulder Colorado cannot make energy policy for the entire country,” lawyers for Suncor Energy and Exxon Mobil said in their appeal. They urged the court to rule that “state law cannot impose the costs of global climate change on a subset of the world’s energy producers chosen by a single municipality.”

The justices will hear the case of Suncor Energy vs. Boulder County, but arguments will not be held until October.

The Biden administration had said the justices should stand aside while the lawsuits move forward in state courts, but the Trump administration filed a brief in September urging the court to intervene now.

They said the case has “vast nationwide significance,” and it should not be left to be decided state by state.

Lawyers for Boulder had urged the court against taking up the issue at an early stage of the litigation. “This is not the right time or the right case for deciding” whether municipalities can sue over the damage they have suffered.

But after weighing the issue for weeks, the court announced it will be hear the claims of the oil and gas industries.

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Trump to raise US global tariff from 10 to 15% after Supreme Court ruling | Donald Trump News

United States President Donald Trump has doubled down on his new global tariffs, raising them from 10 to 15 percent, days after the Supreme Court struck down his sweeping levies on imports.

The move on Saturday came as businesses and governments around the world sought repayment for the estimated $133bn that Washington has already collected.

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In a post on his Truth Social platform, Trump announced the raise “effective immediately” and said the move was based on a review of the “ridiculous, poorly written and extraordinarily anti-American decision” issued by the Supreme Court on Friday.

By a six-to-three vote, the court had ruled that it was unconstitutional for Trump to unilaterally set and change tariffs, because the power to tax lies with the US Congress.

The court’s decision struck down tariffs that Trump had imposed on nearly every country using an emergency powers law, known as the International Emergency Economic Powers Act (IEEPA).

Trump railed against the majority justices as “fools and lapdogs” in a news conference after the ruling, calling them an “embarrassment to their families”. He quickly signed an executive order – resting on a different statute, Section 122 of the Trade Act of 1974 – to impose the blanket 10 percent tariff, starting on Tuesday.

The 15 percent hike announced on Saturday is the highest rate allowed under that law.

However, those tariffs are limited to 150 days unless they are extended by Congress. No president has previously invoked Section 122, and its use could lead to further legal challenges.

It was not immediately clear whether an updated executive order was forthcoming.

The White House said the Section 122 tariffs include exemptions for certain products, including critical minerals, metals and energy products, according to the Reuters news agency.

Lawsuits

Trump wrote on Saturday that his administration will continue to work on issuing other permissible tariffs.

“During the next short number of months, the Trump Administration will determine and issue the new and legally permissible Tariffs, which will continue our extraordinarily successful process of Making America Great Again,” he said.

The president has already said his administration intends to rely on two other statutes that permit import taxes on specific products or countries based on investigations into national ‌security or unfair trade practices.

Tariffs have been central to Trump’s economic agenda, which he has used as a tool to address a range of goals – from reviving domestic manufacturing to pressuring other nations to crack down on drug trafficking, and pushing warring countries toward peace.

He has also wielded tariffs, or the threat of them, as leverage to extract trade concessions from foreign governments.

Federal data shows the US Treasury had collected more than $133bn from the import taxes the president has imposed under the emergency powers law as of December.

Since the Supreme Court’s ruling, more than a thousand lawsuits have been filed by importers in the US to seek refunds, and more cases are on the way.

While legally sound, the path forward for such claims is not straightforward, especially for smaller firms, said John Diamond, director of the Center for Tax and Budget Policy at Rice University.

“It’s pretty clear that they will win in court, but it’ll take some time,” Diamond said. “Once we get the court orders in effect, I don’t think those refunds will be all that messy for larger firms. Smaller firms are going to have a much more difficult time getting through the process.”

But foreign governments are managing “the real mess”, Diamond said.

“What do you do if you’re Taiwan, or Great Britain, and you have this existing trade deal, but now it’s kind of been turned upside down?”

The US-Taiwan trade deal lowers the general tariff on Taiwanese goods from 20 percent to 15 percent, the same level as Asian trade partners South Korea and Japan, in exchange for Taipei agreeing to buy about $85bn of US energy, aircraft and equipment.

The US-United Kingdom deal imposes a 10 percent tariff on imports of most UK goods, and reduces higher tariffs on imports of UK cars, steel and aluminium.

‘Pickpocketing the American people’

After ⁠the Supreme Court’s decision, Trump’s trade representative, Jamieson Greer, told Fox News on Friday that those countries must honour their agreements ⁠even if they call for higher rates than the Section 122 tariffs.

Exports to the US from countries such as Malaysia and Cambodia would continue to be taxed at their negotiated rates of 19 percent, even though the universal rate is lower, Greer said.

Indonesia’s chief negotiator for US tariffs, Airlangga Hartarto, said the trade deal between the countries that set US tariffs at 19 percent, which was signed on Friday, remains in force despite the court decision.

The ‌ruling could spell good news for countries like Brazil, which has not negotiated a deal with Washington to lower its 40 percent tariff rate but could now see its tariff rate drop to 15 percent, at least temporarily.

Governments around the world have reacted to the Supreme Court decision – as well as Trump’s subsequent tariff announcement – with a mix of cautious optimism, trepidation and frustration.

German Chancellor Friedrich Merz said he would coordinate a joint European stance before talks with Trump in early March, while Hong Kong’s secretary for financial services and the Treasury, Christopher Hiu, described the situation surrounding Trump’s new tariff moves as a “fiasco”.

With the November midterm elections in the US looming, Trump’s approval rating on his handling of the economy has steadily declined during his year in office.

A Reuters/Ipsos poll that closed on Monday showed 34 percent of ‌respondents ‌saying they approved of Trump’s handling of the economy, while 57 percent said they did not approve.

Democrats, who need to flip only three Republican-held seats in the US House of Representatives in November to win a majority, have blamed Trump’s tariffs for exacerbating the rising cost of living.

They were quick to condemn Trump’s new tariff threat on Saturday.

Democrats on the House Ways and Means Committee accused Trump of “pickpocketing the American people” with his newly announced higher tariff.

“A little over 24 hours after his tariffs were ruled illegal, he’s doing anything he can to make sure he can still jack up your costs,” they wrote on social media.

California Democratic Governor Gavin Newsom, a Trump nemesis, added that “he [Trump] does not care about you”.

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Supreme Court ruling offers little relief for Republicans divided on Trump’s tariffs

For a few hours on Friday, congressional Republicans seemed to get some relief from one of the largest points of friction they have had with the Trump administration. It didn’t last.

The Supreme Court struck down a significant portion of President Trump’s global tariff regime, ruling that the power to impose taxes lies with Congress. Many Republicans greeted the Friday morning decision with measured statements, some even praising it, and GOP leaders said they would work with Trump on tariffs going forward.

But by the afternoon, the president made clear he had no intention of working with Congress and would continue to go it alone by imposing a new global import tax. He set the new tax at 10% in an executive order, announcing Saturday he planned to hike it to 15%.

Trump is enacting the new tariff under a law that restricts the import taxes to 150 days and has never been invoked this way before. Though that decision is likely to have major implications for the global economy, it might also ensure that Republicans will have to keep answering for Trump’s tariffs for months to come, especially as the midterm elections near. Opinion polls have shown most Americans oppose Trump’s tariff policy.

“I have the right to do tariffs, and I’ve always had the right to do tariffs,” Trump said at a news conference Friday, contending that he doesn’t need Congress’ approval.

Tariffs have been one of the only areas where the Republican-controlled Congress has broken with Trump. Both the House and Senate at various points had passed resolutions intended to rein in the tariffs imposed on key trade partners such as Canada. It’s also one of the few issues about which Republican lawmakers, who came of age in a party that largely championed free trade, have voiced criticism of Trump’s economic policies.

“The empty merits of sweeping trade wars with America’s friends were evident long before today’s decision,” Sen. Mitch McConnell (R-Ky.), the former longtime Senate Republican leader, said in a statement Friday, noting that tariffs raise the prices of homes and disrupt other industries important to his home state.

Democrats’ approach

Democrats, looking to win back control of Congress, intend to make McConnell’s point their own. At a news conference Friday, Senate Democratic leader Chuck Schumer said Trump’s new tariffs “will still raise people’s costs and they will hurt the American people as much as his old tariffs did.”

Schumer challenged Republicans to stop Trump from imposing the new global tariff. Democrats on Friday also called for refunds to be sent to U.S. consumers for the tariffs struck down by the Supreme Court.

“The American people paid for these tariffs and the American people should get their money back,” Sen. Elizabeth Warren (D-Mass.) said on social media.

The remarks underscored one of the Democrats’ central messages for the midterm campaign: that Trump has failed to make the cost of living more affordable and has inflamed prices with tariffs.

Small and midsize U.S. businesses have had to absorb the import taxes by passing them along to customers in the form of higher prices, employing fewer workers or accepting lower profits, according to an analysis by the JPMorganChase Institute.

Will Congress act?

The Supreme Court decision Friday made it clear that a majority of justices believe that Congress alone is granted authority under the Constitution to levy tariffs. Yet Trump quickly signed an executive order citing the Trade Act of 1974, which grants the president the power to impose temporary import taxes when there are “large and serious United States balance-of-payments deficits” or other international payment problems.

The law limits the tax to 150 days without congressional approval to extend it. The authority has never been used and therefore never tested in court.

Republicans at times have warned Trump about the potential economic fallout of his tariff plans. Yet before his “Liberation Day” of global tariffs last April, GOP congressional leaders declined to directly defy the president.

Some GOP lawmakers cheered on the new tariff policy, highlighting a generational divide among Republicans, with a mostly younger group fiercely backing Trump’s strategy. Rather than heed traditional free trade doctrine, they argue for “America First” protectionism, which they argue will revive U.S. manufacturing.

Republican Sen. Bernie Moreno, an Ohio freshman, slammed the Supreme Court’s ruling on Friday and called for GOP lawmakers to “codify the tariffs that had made our country the hottest country on Earth!”

A few Republican opponents of the tariffs, meanwhile, openly cheered the Supreme Court’s decision. Rep. Don Bacon (R-Neb.), a critic of the administration who is not seeking reelection, said on social media that “Congress must stand on its own two feet, take tough votes and defend its authorities.”

Bacon predicted there would be more Republican resistance coming. He and a few other GOP members were instrumental this month in forcing a House vote on Trump’s tariffs on Canada. As that measure passed, Trump vowed political retribution for any Republican who voted to oppose his tariff plans.

Groves writes for the Associated Press. AP writers Matt Brown, Joey Cappelletti and Lisa Mascaro contributed to this report.

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After Supreme Court defeat, Trump says he’ll increase new tariff to 15% from 10%

President Trump said Saturday that he was raising the global tariff he wants to impose to 15%, up from 10% he had announced a day earlier after the Supreme Court declared most of his tariffs to be illegal.

Trump said in a social media post that he was making the decision “Based on a thorough, detailed, and complete review of the ridiculous, poorly written, and extraordinarily anti-American decision on Tariffs issued yesterday.”

After the court ruled he didn’t have the emergency power to impose many sweeping tariffs, Trump signed an executive order Friday night that would allow him to bypass Congress and impose a 10% tax on imports from around the world. The catch is that those tariffs would be limited to 150 days unless Congress agrees to extend them.

Trump’s post, significantly ratcheting up a global tax on imports to the U.S. yet again, was the latest sign that despite the court’s check, the Republican president was intent on continuing to wield in an unpredictable manner his favorite tool for the economy and to apply global pressure. Trump’s shifting announcements over the last year that he was raising and sometimes lowering import taxes with little notice jolted markets and rattled nations.

Saturday’s announcement seemed to be a sign that Trump intends to use the temporary global tariffs to continue that pattern.

“During the next short number of months, the Trump Administration will determine and issue the new and legally permissible Tariffs, which will continue our extraordinarily successful process of Making America Great Again,” Trump wrote in his post.

Under the order Trump signed Friday night, the 10% tariff was scheduled to take effect starting Feb. 24. The White House did not immediately respond to a message inquiring when the president would sign an updated order.

In addition to the temporary tariffs that Trump wants to set at 15%, the president said Friday that he was also pursuing tariffs through other sections of federal law that require investigation by the Commerce Department.

Trump leveled pointed personal attacks on the Supreme Court justices who ruled against him in a 6-3 vote, two of whom he appointed during his first term, Justices Neil M. Gorsuch and Amy Coney Barrett. Trump, at a news conference Friday, said of the court majority: “I think it’s an embarrassment to their families.”

He was still seething Friday night, complaining on social media about Gorsuch, Barrett and Chief Justice John G. Roberts Jr., who wrote the majority opinion.

On Saturday morning, Trump issued another post declaring that his “new hero” was Justice Brett M. Kavanaugh, whom he also appointed and who wrote a 63-page dissent. He also praised Justices Clarence Thomas and Samuel A. Alito Jr., who joined Kavanaugh in the minority.

The president said of the three dissenting justices: “There is no doubt in anyone’s mind that they want to, MAKE AMERICA GREAT AGAIN!”

Price writes for the Associated Press.

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Trump, JD Vance vilify ‘lawless’ Supreme Court justices over tariff ruling | Trade War News

President Trump calls Supreme Court justices an ’embarrassment to their families’ in 45-minute address to the media.

United States President Donald Trump and his vice president, JD Vance, have launched personal attacks on the justices of the US Supreme Court and their families, after the country’s top court struck down trade tariffs imposed by the White House.

In a 45-minute address to reporters at the White House, the US president heaped criticism on the six justices who ruled against his signature tariff policy in the 6-3 decision by the court on Friday, including Neil Gorsuch and Amy Coney Barrett, whom Trump appointed to the court during his first term.

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“I think it’s an embarrassment to their families, you wanna know the truth, the two of them,” Trump said, referring to Justices Gorsuch and Barrett.

“I’m ashamed of certain members of the court – absolutely ashamed – for not having the courage to do what’s right for our country,” Trump added.

Shockingly, Trump also claimed that the Supreme Court “has been swayed by foreign interests”, without providing any evidence.

US President Donald Trump takes question from reporters during a press conference in the Brady Press Briefing Room of the White House in Washington, DC, on February 20, 2026.
US President Donald Trump takes questions from reporters during a news conference at the White House in Washington, DC, on February 20, 2026 [Mandel Ngan/AFP]

Trump then warmly praised the three members of the court who dissented in the ruling.

“I’d like to thank and congratulate Justices [Clarence] Thomas, [Samuel] Alito, and [Brett] Kavanaugh for their strength and wisdom and love of our country, which is, right now, very proud of those justices,” Trump said.

“When you read the dissenting opinions, there’s no way that anyone can argue against them,” he said.

Vice President Vance also sharply criticised the justices for their ruling, accusing them of “lawlessness” in a post on X.

“Today, the Supreme Court decided that Congress, despite giving the president the ability to ‘regulate imports’, didn’t actually mean it,” Vance wrote in a post on X.

“This is lawlessness from the Court, plain and simple,” said Vance, whose political profile rose to prominence after writing a memoir about his time at Yale Law School.

Trump and Vance’s comments mark a rare rebuke of the nine-member Supreme Court, which currently has six members appointed by Trump’s Republican Party and has often ruled in favour of his administration’s policies.

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Trump Tariffs Overturned By Supreme Court; $175B Refund Dispute Looms

The Supreme Court’s decision to strike down Trump’s so-called emergency tariffs doesn’t end a legal fight — it opens another that could put as much as $175 billion in refunds to companies on the line.

In a 6–3 ruling Friday, the US Supreme Court rejected President Donald Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose sweeping duties. How the government should handle the billions already collected from importers is still not clear.

The US Court of International Trade (USCIT) now faces the task of determining whether — and how — to unwind months of tariff collections that experts say could total roughly $175 billion.

Markets are now parsing the economic fallout. Olu Sonola, head of US economics at Fitch Ratings, called the ruling “Liberation Day 2.0 — arguably the first one with tangible upside for US consumers and corporate profitability.” More than 60% of the 2025 tariffs effectively vanish, he explained. That cuts the effective US tariff rate from about 13% to around 6% and removes more than $200 billion in expected annual collections.

The bigger story is heightened tensions within the US wherever business and politics intersect. After all, tariffs could reappear in revised form, Sonola adds. Indeed, Trump has already retaliated with a new 10% global tariff under different statutory authority.

“Layer on potential tariff refunds, and you introduce a messy operational and legal overhang that amplifies economic uncertainty,” Sonola says.

More Litigation To Come

Since Trump first announced the tariffs last April, hundreds of companies have clapped back with lawsuits.

Wholesale giant Costco, cosmetics firm Revlon and seafood packager Bumble Bee Foods are among the US-based companies demanding refunds. Kawasaki Motors and Yokohama Tire, both based in Japan, also filed complaints.

How those lawsuits will proceed are completely unknown, and that’s OK with Trump.

“At his press conference today Trump suggested that he will try to drag out the refund process by tying it up in court,” Phillip Magness, a senior fellow at the Independent Institute, says. “I suspect the USCIT will have very little patience for any delay tactics.” Also, the future of Trump’s trade deals, agreements struck with UK and Japan, for example, are also ambiguous.

“Most of these alleged deals have never been released in writing, so it is questionable whether they were even legally binding in the first place,” Magness says.

Magness also pointed to the differing opinions — especially Justice Neil Gorsuch’s — as a revealing glimpse into the Court’s evolving judicial philosophy.

Gorsuch’s statements leaned heavily on statutory interpretation and the “major questions doctrine,” which requires clear congressional authorization for policies of vast economic or political significance. He sharply criticized Justice Clarence Thomas’s dissent, arguing it would effectively grant the president sweeping authority under vague congressional delegations.

“Gorsuch showed that Thomas’s logic would effectively extend unlimited power to the president in cases of congressional delegation — a position that is not only constitutionally suspect, but at odds with Thomas’s own previous judicial philosophy. I believe that Thomas’s dissent greatly damaged his reputation for consistency as a conservative legal thinker in the ‘original intent’ camp,” Magness explains. “Gorsuch’s concurrence highlighted how Thomas’s position broke sharply from those principles by attempting to carve out an exception for Trump’s tariff agenda.”

‘Significant Consequences’

Justice Brett Kavanaugh, in dissent, warned that the federal government may be stuck holding the bag and required to refund billions of dollars to importers who paid the IEEPA tariffs, despite costs being already passed onto consumers.

Refunds, he continued, would have “significant consequences for the US Treasury.”

Certain industry groups don’t seem to mind, and are already pressing Customs and Border Protection to move quickly, likely through its Automated Commercial Environment system, to process claims.

The American Apparel & Footwear Association (AAFA), for example, welcomed the Court’s decision, saying it reaffirms that only Congress has constitutional authority to levy duties.

AAFA President and CEO Steve Lamar, in a prepared statement, called the ruling a validation of Article I powers and thanked the justices for their review of the case.

“CBP’s recently modernized, fully electronic refund process should help to expedite this effort,” he said.

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Tariff refunds could take years amid US Supreme Court ruling, experts warn | Trade War News

The United States Supreme Court ruling against the administration of US President Donald Trump’s sweeping global tariffs has left a question unanswered on what is the refund process for the funds collected over the past several months through the tariffs that had been imposed on most US trading partners .

In a 6–3 decision issued on Friday, Chief Justice John Roberts upheld a lower court ruling that found the president’s use of the International Emergency Economic Powers Act (IEEPA) exceeded his authority.

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The high court did not specify how the federal government would refund the estimated $175bn collected under the tariffs. In his dissent, Justice Brett Kavanaugh warned that issuing refunds would present practical challenges and said it would be “a mess”.

The case will now return to the Court of International Trade to oversee the refund process.

More than 1,000 lawsuits have already been filed by importers in the trade court seeking refunds, and a wave of new cases is expected. Legal experts say the administration will likely require importers to apply for refunds individually. That process could disproportionately burden smaller businesses affected by the tariffs.

“The government is probably not going to voluntarily pay back the money it unlawfully took. Rather, the government is going to make everyone request a refund through different procedures by filing formal protests. They’re going to delay things procedurally as long as they can. Hiring lawyers and going through these procedures costs money and time,” Greg Shaffer, a law professor at Georgetown University, told Al Jazeera.

“I imagine the largest companies, who have been prepared for this eventuality, will eventually get their money back. But smaller importers, it’s a cost-benefit analysis where they might shrug their shoulders and say it’s not worth going through the hassle to get the unlawfully imposed taxes paid back to them.”

Trump’s path forward

Despite Friday’s ruling, other sweeping levies remain in place. Trump had invoked Section 232 of the 1962 Trade Expansion Act to impose sector-specific tariffs on steel and aluminium, cars, copper, lumber, and other products, such as kitchen cabinets, worldwide.

On Friday, Trump said he would impose a 10 percent global tariff for 150 days to replace some of his emergency duties that were struck down. The order would be made under Section 122 of the Trade Act of 1974, and the duties would be over and above tariffs that are currently in place, Trump said.

The statute allows the president to impose duties of up to 15 percent for up to 150 days on any and all countries related to “large and serious” balance of payments issues. It does not require investigations or impose other procedural limits.

The president also has other legal avenues available to continue taxing imports aggressively.

“Our trading partners were well aware of the risks the President faced in using IEEPA as the basis for reciprocal and other tariffs. Nevertheless, they chose to conclude deals with Washington, convinced by Washington that other statutes would be utilised to keep the tariffs in place,” Wendy Cutler, vice president of the Asia Society Policy Institute, told Al Jazeera in a statement.

“With respect to China, USTR [United States trade representative] still has an active Section 301 investigation on China’s compliance with the Phase One agreement, which could be a major feature of the back-up plan for Beijing.”

The president is expected to travel to Beijing next month to meet his Chinese counterpart, Xi Jinping, to discuss trade.

“The two main options include Section 301 of the Trade Act of 1974, the traditional mechanism for imposing tariffs in response to unfair trade practices by other countries. It requires an investigation and a report, but ultimately gives the president considerable discretion to impose tariffs. It has been used in the past and will likely be the most frequently used measure going forward,” Shaffer, the law professor, said.

He noted, however, that the administration’s tariff options could not be applied retroactively, meaning any new tariffs would apply only to future imports rather than covering duties already paid.

Raj Bhala, professor of law at The University of Kansas School of Law, argues there are remedies at the president’s disposal in addition to Section 122. Bhala said that Trump could use Section 338 of the Tariff Act of 1930 (also known as the Smoot-Hawley Act). That allows the president to impose a 50 percent tariff to challenge discriminatory trade practices from other countries.

“Each option involves procedural hurdles,” Bhala said.

Congressional pressure

Roberts wrote that the president must “point to clear congressional authorization” to impose tariffs. The ruling has increased pressure on both Trump’s allies and critics in Congress to clarify the scope of executive trade authority.

“What a fantastic ruling for a feckless branch of government. While its current tendency is to abdicate, the court has told Congress to do its job,” a former official in the White House Office of Management and Budget told Al Jazeera in response to the decision.

“Congress must either act with specific legislation, or declare war, which would grant the President the emergency powers to levy tariffs.”

“Congress and the Administration will determine the best path forward in the coming weeks,” House Speaker Mike Johnson said in a post on the social media platform X.

Senate Democratic Leader Chuck Schumer, by contrast, welcomed the ruling, saying it will “finally give families and small businesses the relief they deserve” and that Trump should end “this reckless trade war for good.”

But how that money will get paid back, and if it was already spent, will require Congress to step in.

“If it has been spent, the money will have to be reallocated by Congress. Congress will have to determine how much is owed to importers, pass a law to fund it, and create a mechanism for repayment. There’s also the question of who is entitled to it. Is it only the importer, or does it extend to the end consumer? Where does the line stop?” Babak Hafezi, professor of international business at American University, told Al Jazeera.

“This is not something that will be fixed in 24 hours. It will most likely take years, possibly even a decade, to resolve all the issues this less-than-a-year-old law has imposed on Americans.”

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Why did the US Supreme Court strike down Trump’s global tariff policy? | Business and Economy

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“The United States, after all, is not at war with every nation in the world.” The US Supreme Court has struck down Donald Trump’s use of a national emergency declaration to impose sweeping global tariffs. Al Jazeera’s Mike Hanna explains the court’s reasoning.

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Supreme Court limits Trump’s tariff authority in 6-3 decision

Feb. 20 (UPI) — The U.S. Supreme Court ruled Friday that President Donald Trump does not have the unilateral authority to impose tariffs.

The 6-3 decision struck down some of the broad tariffs Trump has imposed across the world from the Executive Branch. Chief Justice John Roberts said the president “must identify clear congressional authorization” to use the International Emergency Economic Powers Act to impose tariffs.

The decision came down in a lawsuit with several small businesses and Democratic attorneys general sued the Trump administration over improperly imposing tariffs. The plaintiffs argued that Trump was using the tariffs to raise revenue, a responsibility that falls under the scope of U.S. Congress, not the president.

While the Justice Department claimed that Trump was using tariffs to regulate foreign goods, Trump often said the tariffs were bringing in substantial revenue to the federal government.

Tariffs that Trump imposed using other laws will remain in place, such as tariffs on steel and aluminum.

Roberts added that the Trump administration has not provided any statutory support to its claim that the International Emergency Economic Powers Act applies to tariffs.

“We hold that the IEEPA does not authorize the president to impose tariffs,” Roberts wrote in the majority opinion.

Justices Clarence Thomas, Brett Kavanaugh and Samuel Alito, all conservative justices, dissented.

Friday’s decision is the first in which a legal challenge to Trump’s second-term policies received a full hearing and resolution from the U.S. Supreme Court.

President Donald Trump speaks alongside Administrator of the Environmental Protection Agency Lee Zeldin in the Roosevelt Room of the White House on Thursday. The Trump administration has announced the finalization of rules that revoke the EPA’s ability to regulate climate pollution by ending the endangerment finding that determined six greenhouse gases could be categorized as dangerous to human health. Photo by Will Oliver/UPI | License Photo

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Supreme Court rejects Trump’s tariffs as illegal import taxes

The Supreme Court ruled Friday that President Trump’s sweeping worldwide tariffs are illegal and cannot stand without the approval of Congress.

The 6-3 decision deals Trump his most significant defeat at the Supreme Court.

Last year, the justices issued temporary orders to block several of his initiatives, but Friday’s ruling is the first to hold that the president overstepped his legal authority.

Chief Justice John G. Roberts Jr., speaking for the court, said Congress has the power to impose taxes and tariffs, and lawmakers did not do so in an emergency law that does not mention tariffs.

“The President asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope. In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it,” he wrote.

“And until now no President has read the International Emergency Economics Act to confer such power. We claim no special competence in matters of economics or foreign affairs. We claim only, as we must, the limited role assigned to us by Article III of the Constitution. Fulfilling that role, we hold that IEEPA does not authorize the President to impose tariffs,” Roberts wrote.

Justice Neil M. Gorsuch in a concurring opinion stressed the role of Congress.

“The Constitution lodges the Nation’s lawmaking powers in Congress alone,” he said.

Justices Clarence Thomas, Samuel A. Alito and Brett M. Kavanaugh dissented.

Trump claimed his new and ever-shifting tariffs would bring in trillions of dollars in revenue for the government and encourage more manufacturing in the United States.

But manufacturing employment has gone down over the past year, in part because American companies have been hurt by higher costs for parts that they import.

Critics said the new taxes hurt small businesses in particular and raised prices for American consumers.

The justices focused on the president’s claimed legal authority to impose tariffs as responses to an international economic emergency.

Several owners of small businesses sued last year to challenge Trump’s import taxes as illegal and disruptive.

Learning Resources, an Illinois company which sells educational toys for children, said it would have to raise its prices by 70% because most of its toys were manufactured in Asia.

A separate suit was filed by a New York wine importer and Terry Precision Cycling, which sells cycling apparel for women.

Both suits won in lower courts. Judges said the International Emergency Economic Powers Act of 1977 cited by Trump did not mention tariffs and had not been used before to impose such import taxes.

The law said the president in response to a national emergency may deal with an “unusual and extraordinary threat” by freezing assets or sanctioning a foreign country or otherwise regulating trade.

Trump said the nation’s long-standing trade deficit was an emergency and tariffs were an appropriate regulation.

While rejecting Trump’s claims, the lower courts left his tariffs in place while the administration appealed its case to the Supreme Court.

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Philippine Supreme Court rules same-sex partners can co-own property

Parade participants ride on a float during the LoveLaban Pride March in Quezon City, Metro Manila, Philippines, on June 28, 2025. Manila’s Supreme Court on Tuesday ruled that same-sex partners can co-own property. File Photo by Rolex Dela Pena/EPA

Feb. 10 (UPI) — Same-sex partners can legally co-own property in the Philippines, the nation’s Supreme Court announced Tuesday, a landmark decision for LGBTQ rights in the overwhelmingly Christian nation.

The ruling, which was dated Thursday but released Tuesday, states for the first time that same-sex partners can jointly own property under Article 148 of the Family Code, the country’s primary law governing marriage, family and property relations.

“Our laws should be read from more contemporary lenses. We must bear in mind how the lived realities of many couples in the Philippines are now far from heteronormative standards,” Senior Associate Justice Marvic Leonen said in a concurring opinion.

“To be different is not to be abnormal. A same-sex relationship is a normal relationship and therefore should be covered by Article 148 of the Family Code. Otherwise, we render legally invisible some forms of legitimate intimate relationships.”

The ruling comes in litigation over ownership of a Quezon City house once inhabited by same-sex couple Jennifer Josef and Evalyn Ursua.

They purchased the property in 2006, agreeing to register it under Ursua’s name for ease of bank transactions. According to court documents, when they separated, they agreed to sell the house and divide the proceeds equally.

However, Josef filed a complaint for partition of the property and damages after Ursua refused to sell it, recognize Josef as a co-owner or give her half of the property.

Same-sex unions are illegal in the conservative Christian nation where public support of such relations was only about 22%, according to a 2018 survey by the nonprofit social research institute Social Weather Stations.

Shared property is governed under two provisions of the Philippine Family Code: Article 147, which applies to legally married couples; and Article 148, which concerns couples who cannot legally marry, such as so-called adulterous heterosexual relationships, incestuous or otherwise prohibited relationships and bigamous or polygamous marriages.

This effectively left same-sex couples without a clear legal basis to assert shared property claims.

The case made its way to the Supreme Court after a lower court and then an appeals court ruled against Josef.

In its ruling, the Supreme Court reversed the previous orders, citing a 2007 document signed by Ursua that recognized Josef as co-owner of the property into which she paid 50% of the expenses for its acquisition and renovation.

With its ruling, the high court clarified the provisions of the Family Code to state that same-sex couples fall under Article 148 since marriage is only permitted between a man and a woman.

The justices also stated that without a law recognizing same-sex marriage, Congress and local governments must work to address issues affecting the rights of same-sex couples.

“This Court does not have the monopoly to assure the freedom and rights of homosexual couples,” the Second Division of the Supreme Court said.

“With the political, moral and cultural questions that surround the issue concerning the rights of same-sex couples, political departments, especially the Congress, must be involved to quest for solutions, which balance interests while maintaining fealty to fundamental freedoms. The process of legislation exposes the experiences of homosexuals who have been oppressed, ensuring that they are understood by those stand with the majority.”

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US Supreme Court rejects challenge to California redistricting effort | Elections News

The United States Supreme Court has ruled in favour of a California redistricting measure meant to net the Democratic Party more congressional seats, rejecting a challenge from the state Republican Party.

There was no dissent in Wednesday’s decision, and the conservative-majority court did not offer any explanation for its decision.

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Instead, its order was comprised of a single sentence, stating that the Republican application “is denied”.

Previously, in December, the Supreme Court had allowed a similar redistricting measure, designed to benefit Republicans in Texas, to move forward.

Democratic officials in California have applauded Wednesday’s decision as fair, given that Republican President Donald Trump has led a nationwide push to redraw congressional districts in his party’s favour.

“Donald Trump said he was ‘entitled’ to five more Congressional seats in Texas,” California Governor Gavin Newsom said in a written statement.

“He started this redistricting war. He lost, and he’ll lose again in November.”

California’s Attorney General Rob Bonta echoed Newsom’s remarks, blaming Trump for launching a kind of redistricting arms race that threatened to disenfranchise Democratic voters.

“The US Supreme Court’s decision is good news not only for Californians, but for our democracy,” Bonta said in the statement.

The Supreme Court’s decision marks a win for Democratic efforts to counter the Trump-led redistricting efforts, which began last year in Texas.

In June last year, reports emerged that Trump had personally called Texas state politicians to redraw their congressional districts to give Republicans a greater advantage in Democrat-held areas.

Each congressional district elects one person to the US House of Representatives, which has a narrow Republican majority. Out of 435 seats, 218 are held by Republicans, and 214 by Democrats.

Texas, a Republican stronghold, proceeded to approve a newly revamped congressional map in August, overcoming a walkout by Democratic legislators.

That, in turn, prompted Newsom to launch a ballot initiative in California to counteract the Texas effort.

Just as the new Texas congressional map was designed to increase Republican seats by five, the California ballot initiative, known as Proposition 50, was also positioned to increase Democratic representation by five.

Voters in California passed the initiative overwhelmingly in a November special election, temporarily suspending the work of an independent redistricting commission that had previously drawn the state’s congressional maps.

Newsom, a possible 2028 presidential contender, framed Proposition 50 as a means of fighting “fire with fire”.

The new map approved under Proposition 50, however, will only be in place through the 2030 election, and Newsom has pledged to repeal it, should Republicans in Texas do the same with their new map.

The push to redistrict for partisan gain — a process known as gerrymandering — has long faced bipartisan pushback as an attack on democratic values.

Normally, redistricting happens every 10 years, after a new census is taken, to reflect population changes.

But this mid-decade redistricting battle comes before the pivotal 2026 midterm elections, which are slated to be a referendum on Trump’s second term as president. Trump has already expressed fear that he might be impeached, should Congress switch to Democratic control.

Partisan gerrymandering is not necessarily illegal, unless it purposefully disenfranchises voters on the basis of their race. That, in turn, is seen as a violation of the Constitution and the Voting Rights Act, an important piece of civil rights legislation from 1965.

In response to the passage of Proposition 50, Republicans in California sued Newsom and other state officials in an effort to overturn the new congressional map.

They argued the new map was created “specifically to favor Hispanic voters” and would dilute the representation of Republican voters in the state.

The Trump administration joined the lawsuit on November 13, backing the state Republicans.

But Bonta, the California attorney general, argued the redistricting process was legal. In court filings, he also maintained that Trump’s backing of the lawsuit was driven by self-interest.

“The obvious reason that the Republican Party is a plaintiff here, and the reason that the current federal administration intervened to challenge California’s new map while supporting Texas’s defense of its new map, is that Republicans want to retain their House majority for the remainder of President Trump’s term,” his court filing said.

Bonto also called on the Supreme Court not to “step into the political fray, granting one political party a sizeable advantage” by overturning Proposition 50.

The victory for California Democrats on Wednesday comes as redistricting fights continue across the country.

Already, states like North Carolina, Ohio and Missouri have adopted new congressional maps to favour Republicans. There has been pushback, though.

In December, Indiana’s Republican-led legislature voted down a partisan redistricting measure, despite pressure from Trump to pass it.

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Supreme Court rejects GOP challenge to California’s new election map

The Supreme Court ruled Wednesday that California this fall may use its new election map, which is expected to send five more Democrats to Congress.

With no dissents, the justices rejected emergency appeals from California Republicans and President Trump’s lawyers, who claimed the map was a racial gerrymander to benefit Latinos, not a partisan effort to bolster Democrats.

Trump’s lawyers supported the California Republicans and filed a Supreme Court brief asserting that “California’s recent redistricting is tainted by an unconstitutional racial gerrymander.

They pointed to statements from Paul Mitchell, who led the effort to redraw the districts, that he hoped to “bolster” Latino representatives in the Central Valley.

In response, the state’s attorneys told the court the GOP claims defied the public’s understanding of the mid-decade redistricting and contradicted the facts regarding the racial and ethnic makeup of the districts.

Gov. Gavin Newsom proposed re-drawing the state’s 52 congressional districts to “fight back against Trump’s power grab in Texas.”

He said that if Texas was going to redraw its districts to benefit Republicans so as to keep control of the House of Representatives, California should do the same to benefit Democrats.

The voters approved the change in November.

While the new map has five more Democratic-leaning districts, the state’s attorneys said it did not increase the number with a Latino majority.

“Before Proposition 50, there were 16 Latino-majority districts. After Proposition 50, there is the same number. The average Latino share of the voting-age population also declined in those 16 districts,” they wrote.

It would be “strange for California to undertake a mid-decade restricting effort with the predominant purpose of benefiting Latino voters and then enact a new map that contains an identical number of Latino-majority districts,” they said.

Trump’s lawyers pointed to the 13th Congressional District in Merced County and said its lines were drawn to benefit Latinos.

The state’s attorneys said that too was incorrect. “The Latino voting-age population [in District 13] decreased after Proposition 50’s enactment,” they said.

Three judges in Los Angeles heard evidence from both sides and upheld the new map in a 2-1 decision.

“We find that the evidence of any racial motivation driving redistricting is exceptionally weak, while the evidence of partisan motivations is overwhelming,” said U.S. District Judges Josephine Staton and Wesley Hsu.

In the past, the Supreme Court has said the Constitution does not bar state lawmakers from drawing election districts for political or partisan reasons, but it does forbid doing so based on the race of the voters.

In December, the court ruled for Texas Republicans and overturned a 2-1 decision that had blocked the use of its new election map.
The court’s conservatives agreed with Texas lawmakers who said they acted out of partisan motives, not with the aim of denying representation to Latino and Black voters.

“The impetus for the adoption of the Texas map (like the map subsequently adopted in California) was partisan advantage pure and simple,” Justice Samuel A. Alito Jr. wrote in a concurring opinion.

California’s lawyers quoted Alito in supporting their map.

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On This Day, Feb. 1: U.S. Supreme Court meets for 1st time no quorum

Feb. 1 (UPI) — On this date in history:

In 1790, the U.S. Supreme Court convened in New York City for its first session. Only three of the six justices were present so there was no quorum.

In 1861, Texas seceded from the United States.

In 1865, U.S. President Abraham Lincoln signed the 13th Amendment, which abolished slavery.

In 1896, Giacomo Puccini’s opera La Boheme premiered in Turin, Italy.

In 1946, Norwegian Trygve Lie was selected to be the first U.N. secretary-general.

In 1947, members of the Jewish underground launched pamphlet bombs throughout Tel Aviv, warning British military authorities to expect further retaliation against its drive to suppress violence in the Holy Land.

In 1951, the Defense Department, responding to needs to effectively execute its Korean War strategy, ordered drafting of 80,000 men during April for assignment to the U.S. Army.

File Photo by Kevin Dietsch/UPI

In 1960, four Black students, later known as the Greensboro Four, staged the first of a series of non-violent protests at a Woolworth lunch counter in Greensboro, NC.

In 1968, the communist Viet Cong began a major offensive in the Vietnam War with a fierce attack on the South Vietnamese city of Hue.

In 1978, famed director Roman Polanski escaped to France after pleading guilty to charges of having sex with an underage girl.

In 1991, South African President F.W. De Klerk announced he would seek repeal of key laws on which the apartheid system was based.

File Photo by Brian Kersey/UPI

In 2003, the space shuttle Columbia broke apart during its descent over the southwestern United States. All seven astronauts aboard were killed.

In 2004, Janet Jackson had a “wardrobe malfunction” in her appearance with Justin Timberlake during the halftime of Super Bowl XXXVIII.

In 2009, Iceland swore in its first female prime minister, Johanna Sigurdardottir.

In 2011, Egyptian President Hosni Mubarak, with hundreds of thousands of protesters demanding his departure after a reign of nearly 30 years, announced he wouldn’t seek re-election.

In 2012, at least 73 people were killed and 200 hurt in a fight between fans and players at a soccer match in Port Said, Egypt.

In 2021, the Myanmar military took control of the government and announced a nationwide state of emergency hours after detaining leader Aung San Suu Kyi and other high-ranking elected government officials in a coup.

In 2023, seven-time Super Bowl champion Tom Brady announced his re-retirement from the NFL after 23 seasons in the league.

File Photo by Jim Ruymen/UPI

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Panama Supreme Court axes port contract with Hong Kong

A cargo ship leaves a lock on the Panama Canal in Panama City, Panama, on Jan. 19. The Supreme Court of Panama invalidated the contract of a Hong Kong subsidiary to operate ports on the Panama Canal, ruling it is unconstitutional. Photo by Carlos Lemos/EPA

Jan. 30 (UPI) — The Supreme Court of Panama invalidated the contract of a Hong Kong subsidiary to operate ports on the Panama Canal, ruling it is unconstitutional.

In a Thursday ruling the high court said the terms of Panama Ports Company’s contract that allowed it to operate the ports of Balboa and Cristobal violated the country’s constitution. Panama Ports Company is a subsidiary of CK Hutchinson Holding, a company based in Hong Kong.

The court said the ruling was made after “extensive deliberation.”

Panama Ports Company has been operating two of Panama’s five ports since 1997. It was founded in Hong Kong and is not owned by the Chinese government.

The company argues that the court’s ruling lacks a legal basis and “jeopardises not only PPC and its contract but also the well-being and stability of thousands of Panamanian families who depend directly and indirectly on port activity.” It said that it has invested more than $1.8 billion in the ports’ infrastructure in the nearly 30 years it has operated there.

Panama’s President Jose Raul Mulino said ports will continue to operate without interruption following Thursday’s ruling. APM Terminals Panama will operate the Balboa and Cristobal ports in the interim.

President Donald Trump has long sought control over the Panama Canal and voiced his desire to block China from operating there. Last year he threatened to seize control of the canal.

After the ruling, shares in CK Hutchinson fell by 4.6%.

China’s Ministry of Foreign Affairs said Chinese companies will pursue legal action to maintain their rights to operate on the Panama Canal, calling the decision “contrary to the laws governing Panama’s approval of the relevant franchises.”

CK Hutchinson has pursued a sale of its interest in the Balboa and Cristobal ports to a group of U.S. investment firms, including BlackRock. The proposed deal is estimated to be worth more than $22 billion.

Thursday’s decision may impact those plans.

Picketers hold signs outside at the entrance to Mount Sinai Hospital on Monday in New York City. Nearly 15,000 nurses across New York City are now on strike after no agreement was reached ahead of the deadline for contract negotiations. It is the largest nurses’ strike in NYC’s history. The hospital locations impacted by the strike include Mount Sinai Hospital, Mount Sinai Morningside, Mount Sinai West, Montefiore Hospital and New York Presbyterian Hospital. Photo by John Angelillo/UPI | License Photo

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