# Trump Tariffs Struck Down

**URL:** <https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [May 29, 2025, 12:26am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927 "2025-05-29T00:26:43Z")\
**Posts on this page:** 20\
**Page:** 12

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**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\
**Post date:** [February 23, 2026, 7:33pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/221 "2026-02-23T19:33:46Z")

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> [@Czarcasm](#):
>
> I think by now there is realization that disapproval/condemnation without both the authority and the ability to do jack shit about it just doesn’t matter.

It doesn’t matter until someone hears the dog whistles and decides to launch investigations into some/all of the justices. “You’re going to find out”, at least IMHO, sounds like Trump telling his lackeys to dig up some dirt on them.

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**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [February 23, 2026, 7:39pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/222 "2026-02-23T19:39:28Z")

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> [@Joey\_P](#):
>
> “You’re going to find out”

One of my pet Trump cultist’s favourite expressions.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [February 23, 2026, 9:01pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/223 "2026-02-23T21:01:59Z")

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> [@penultima\_thule](#):
>
> What a wonderfully mercantilist approach.

Sometimes a nation- cough china cough- will sell an item below cost just to hurt the us Market for that products.

> [@penultima\_thule](#):
>
> Commercial vehicle tyres imported from XXXX do not meet US standards and are implicated in road fatalities.

No, those are simply banned.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [February 23, 2026, 9:22pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/224 "2026-02-23T21:22:22Z")

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> [@Czarcasm](#):
>
> Let me know when/if anything of consequence happens

We’ll never know. Each little bit might _perhaps_ contribute to something happening someday. I’m not holding my breath, but I do think we all have a responsibility to use whatever platform we have to speak out when we can.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [February 24, 2026, 1:24am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/225 "2026-02-24T01:24:34Z")

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Fedex wants their money back.

> **[FedEx sues Trump administration for tariff refunds](https://www.ft.com/content/c7d06532-df3f-4819-9844-71a2adc09875)**
>
> Shipping company is first major American company to file suit over levies since Supreme Court deemed them illegal

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**Author:** ![penultima\_thule](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/penultima_thule/32/3833_2.png) [@penultima\_thule](https://boards.straightdope.com/u/penultima_thule)\
**Post date:** [February 24, 2026, 1:37am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/226 "2026-02-24T01:37:14Z")

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> [@DrDeth](#):
>
> Sometimes a nation- cough china cough- will sell an item below cost just to hurt the us Market for that products.

> [@](#):
>
> _a company exports a product at a price lower than the price it normally charges on its own home market, it is said to be “dumping ” the product._

The WTO under the GATT (Article 6) is the prevailing international authority where dumping inquiries are held. If the allegation is shown to meet the strict definitions then specific dumping duties (note not tariffs) are allowed and are typically punitive.

Any US manufacturer whose market was being disrupted by dumping from any origin would be seeking relief and hence be all over this like seagulls over chips.

If they are not, then they are simply preaching to the home crowd.  
And hoping the home crowd don’t realise they are being ripped off.

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<div class="post-metadata">

**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [February 24, 2026, 1:45am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/227 "2026-02-24T01:45:12Z")

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Mike Johnson says Congress isn’t going to bail Trump out on tariffs.

> **[Johnson throws cold water on Congress stepping in to codify Trump's tariffs](https://www.washingtonexaminer.com/news/house/4468346/mike-johnson-cold-water-congress-codify-tariffs/)**
>
> The House speaker said it would be difficult to reach "consensus" on tariffs in the legislative branch, calling for restraint on tariff refund requests.

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**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [February 24, 2026, 1:51am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/228 "2026-02-24T01:51:22Z")

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> [@Smapti](#):
>
> Fedex wants their money back.
> 
> [Subscribe to read](https://www.ft.com/content/c7d06532-df3f-4819-9844-71a2adc09875)

That was behind a pay wall for me. And my question was — why would FedEx be paying the tariffs? But the [New York Times article I could get to](https://www.nytimes.com/2026/02/23/business/fedex-lawsuit-tariffs-refund.html) seems to explain it:

> [@](#):
>
> FedEx often makes customs payments to the government, acting as a so-called importer of record, and then typically passes along the charges to the recipients of the goods. . . .
> 
> FedEx’s customers will expect the company to pass on any refunds . . .

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<div class="post-metadata">

**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [February 24, 2026, 1:58am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/229 "2026-02-24T01:58:13Z")

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> [@penultima\_thule](#):
>
> The WTO under the GATT (Article 6) is the prevailing international authority where dumping inquiries are held. If the allegation is shown to meet the strict definitions then specific dumping duties (note not tariffs) are allowed and are typically punitive.

I’m pessimistic about international laws like this being able to keep up with Trump. He’ll promise to increase tariffs if our trading partners go there. While Trump chickens out on a lot of his threats, other nations have to be concerned that he doesn’t always do so.

Maybe they’ll wise up and stop negotiating with the U.S. because we violated prior agreements. But I don’t think many U.S. trading partners will dare.

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<div class="post-metadata">

**Author:** ![Scoobysnax](https://avatars.discourse-cdn.com/v4/letter/s/c4cdca/32.png) [@Scoobysnax](https://boards.straightdope.com/u/Scoobysnax)\
**Post date:** [February 24, 2026, 7:22pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/230 "2026-02-24T19:22:43Z")

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I am not surprised, considering that the House voted to overturn the tariffs on Canada two weeks ago. With the mid-terms coming up, I don’t think that many GOP congress members want to be on the record as voting to raise prices right now.

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**Author:** ![dougrb](https://avatars.discourse-cdn.com/v4/letter/d/76d3ee/32.png) [@dougrb](https://boards.straightdope.com/u/dougrb)\
**Post date:** [February 24, 2026, 11:52pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/231 "2026-02-24T23:52:07Z")

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“I got a feeling the American people won’t see it,” Bessent predicted.

> **[Trump official admits Americans 'won't see' the billions in collected tariff...](https://www.rawstory.com/scott-bessent-tariff-revenue/)**
>
> Treasury Secretary Scott Bessent hinted that the American people would never see the return of $175 billion in tariffs collected by the Trump administration after the Supreme Court struck down the president's ability to impose them.During an event at...

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<div class="post-metadata">

**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [February 25, 2026, 3:02am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/232 "2026-02-25T03:02:19Z")

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> [@dougrb](#):
>
> “I got a feeling the American people won’t see it,” Bessent predicted.

Iago (again)- "Oh, _there’s_ a big surprise! That’s an incredib… I think I’m gonna have a heart attack and die from that surprise! "

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<div class="post-metadata">

**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [February 25, 2026, 3:18am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/233 "2026-02-25T03:18:50Z")

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> [@dougrb](#):
>
> “I got a feeling the American people won’t see it,” Bessent predicted.

From an opinion piece in today’s Washington Post by Neil Katyal (the atty who won the tariff case):

> [@](#):
>
> … Now the Supreme Court has ruled, and the tariffs have been invalidated. Yet Trump and Treasury Secretary Scott Bessent are suggesting that refunds could take years, entangled in further litigation and administrative delay.
> 
> This is wrong. The government cannot tell courts that refunds are simple and inevitable when seeking relief — and then imply they are complex and distant when the time comes to pay. The rule of law does not operate on shifting premises. If judicial assurances are treated as temporary litigation tactics rather than binding commitments, the institutional credibility of the United States suffers.
> 
> On Tuesday, I am launching a task force composed of trade law experts and litigators to get these refunds back. We will be filing legal papers that detail the course of action ahead. The lower courts retain authority to enforce their judgments, including [a permanent injunction](https://www.washingtonpost.com/politics/2025/05/28/trump-presidency-news/) granted on May 28. The Supreme Court has the power to ensure that its mandate is executed. And customs law provides mechanisms for refunding unlawfully collected duties through the liquidation and reliquidation process administered by U.S. Customs and Border Protection — that is, the agency’s routine final calculation and, when necessary, recalculation of duties owed on imported goods. Courts order such refunds regularly in trade cases…

There’s much more in the actual piece (gift link).  
[https://wapo.st/4rATdxx](https://wapo.st/4rATdxx)

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<div class="post-metadata">

**Author:** ![wguy123](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wguy123/32/3161_2.png) [@wguy123](https://boards.straightdope.com/u/wguy123)\
**Post date:** [February 25, 2026, 4:42am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/234 "2026-02-25T04:42:33Z")

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> [@dougrb](#):
>
> “I got a feeling the American people won’t see it,” Bessent predicted.

If Bessent isn’t the textbook face of “fatcat”, I’ll eat my hat. Yet the diehard MAGAheads are pumping fists at this turn of events.

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<div class="post-metadata">

**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\
**Post date:** [February 25, 2026, 12:57pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/235 "2026-02-25T12:57:02Z")

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> [@](#):
>
> The government cannot tell courts that refunds are simple and inevitable when seeking relief — and then imply they are complex and distant when the time comes to pay.

This is especially important because, earlier in the case, one of the trial courts chose not to issue an injunction based on the government saying that, if the tariffs turn out to be illegal, they’ll return the money, no big deal. Judicial estoppel should prevent them being able to say ‘actually, it turns out it’s super complicated to return all that money, so we’re just gonna keep it.’. Briefly explained in this (cued up) [Legal Eagle video](https://youtu.be/2BQsRxvkcZI?t=1001) about the tariffs getting struck down.

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<div class="post-metadata">

**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [February 25, 2026, 1:16pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/236 "2026-02-25T13:16:10Z")

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> [@](#):
>
> “I got a feeling the American people won’t see it,” Bessent predicted.

That’s not a feeling. It is an unassailable fact that the tariffs were mostly passed on to consumers who will get nothing.

> [@needscoffee](#):
>
> There’s much more in the actual piece (gift link).  
> [https://wapo.st/4rATdxx](https://wapo.st/4rATdxx)

This op-ed writing lawyer is trying to get businesses, which passed on the tariffs to customers, a mostly undeserved windfall.

Most Americans occasionally get a post card concerning a class action where they could claim a few dollars because of a business misdeed. This was a legitimate situation for that. Every American adult should get an identical check signed by the six concurring Supreme Court justices for the estimated average tariff impact. Instead the fat cats get the money.

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<div class="post-metadata">

**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\
**Post date:** [February 25, 2026, 2:12pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/237 "2026-02-25T14:12:45Z")

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> [@PhillyGuy](#):
>
> FedEx’s customers will expect the company to pass on any refunds . . .

Their customers have a chance at a refund, given that their tariff payment was almost certainly listed discretely on an invoice.

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<div class="post-metadata">

**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [February 25, 2026, 4:40pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/238 "2026-02-25T16:40:08Z")

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[quote=“PhillyGuy, post:236, topic:1018927”]  
This op-ed writing lawyer is trying to get businesses, which passed on the tariffs to customers, a mostly undeserved windfall.

From the opinion piece (and again, this is the lawyer who argued the case before the Supreme Court:

> [@](#):
>
> Many [businesses] absorbed the cost of tariffs to remain competitive. Others had no choice but to raise prices, passing along increases triggered by a sudden tariff regime that courts have now determined exceeded statutory authority. Consumers who bore those higher prices may never receive a refund. **The law has no practical way to reverse every downstream price increase caused by an unlawful tariff.** But it can — and must — return the unlawfully collected duties to the businesses that paid them.
> 
> Some businesses delayed expansion, paused hiring or reduced inventory purchases while the case moved forward. Returning these funds is not an accounting exercise. It is capital returning to the American economy.
> 
> Refunded dollars will be invested in plants, equipment, payroll and inventory. They will finance growth. In many cases, they will allow businesses to lower prices that were artificially inflated by tariffs. That money will circulate here — not overseas.

(bolding mine)  
It does suck. And there are huge additional costs for the businesses in addition to the actual tariffs. The plaintiff in the case had to borrow $10 million from the bank to pay the additional $10m in tariffs, at bank interest rates far higher than what they’ll recover. They also incurred massive costs moving supply chains and tooling to new countries, only to have tariffs then placed on those countries. They had to eat a lot of costs that they’ll never recoup so that the prices they sold their products at weren’t astronomical.

From [Reuters](https://www.reuters.com/world/us/dont-bet-on-lower-prices-businesses-say-even-after-emergency-trump-tariffs-were-2026-02-24/):

> Josh Ketter, CEO of Lincoln, Nebraska-based Spreetail, which sells Razor scooters, Sterilite boxes and above-ground pools on [Amazon.com](http://Amazon.com), said the company has “no planned price changes.”
> 
> “If we ever get refunds, it will only partially make up for the losses this past year,” said Ketter, whose company paid about $50 million in tariffs in 2025. Ketter is bracing for the refund process to take a couple of years, but hopes it will be shorter.

Yet trump insists that foreign countries pay tariffs, not us. And trump’s idiot supporters believe that. If that were so, why are businesses suing for refunds?

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<div class="post-metadata">

**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\
**Post date:** [February 25, 2026, 4:59pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/239 "2026-02-25T16:59:20Z")

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Really, China should filename lawsuit just to show that they don’t have standing.

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<div class="post-metadata">

**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\
**Post date:** [February 25, 2026, 6:45pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/240 "2026-02-25T18:45:58Z")

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The ‘Buck Stops Here’ takes on a whole new meaning with this administration.

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