Supreme Court Justice Amy Coney Barrett said the refund process that could follow an overturning of Trump’s tariffs would be ‘a mess.’ If this happens, the Trump administration will have to pay back billions in tax refunds.
The last hearing of Trump overstepping his authority with his massive tariffs concluded on Wednesday. Trump may not get a ruling in his favor, as the court will decide if the use of the 1970 International Emergency Economic Powers Act (IEEPA) was right for the administration.
If the Supreme Court rules against the administration, the government could have to repay businesses that already paid under the tariffs. But the issue is the government may not even be ready to pay it all back.
Justice Barrett asks about refunding tariff revenue should President Trump lose the case: “If you win, tell me how the reimbursement process would work. Would it be a complete mess?”
Neal Katyal: “We don’t deny that it’s difficult.” pic.twitter.com/WsiVGTyBO9
— CSPAN (@cspan) November 5, 2025
Reports estimate the amount at about $90 billion — more than half of the United States’ projected 2025 tariff revenue. Barrett asked Neal Katyal, “If you win, tell me how the reimbursement process would work. Would it be a complete mess?”
The attorney who works for small businesses challenging tariffs responded, “We don’t deny that it’s difficult.” He further added that the five businesses he’s representing should get a refund, but it will be “complicated.” Justices were not too convinced about the legality of Trump’s tariff plans.
Katyal also accused the administration of bypassing Congress to impose the tariffs. He added, “Tariffs are taxes. They take dollars from Americans’ pockets and deposit them in the U.S. Treasury.
U.S. Supreme Court appears VERY skeptical of President Trump’s emergency tariff powers, setting the stage for striking them down.
Justice Barrett asks about refunding tariff revenue back to US citizens should President Trump lose the case. pic.twitter.com/pz8yusxQ8C
— Outside the city (@LindsleyLori) November 6, 2025
Our founders gave that taxing power to Congress alone.” Trump also agreed that they will have to pay back if the SCOTUS rules against them, calling the case to be the most important in history.
With the tariffs, Trump pushed up to 50% on several trading partners such as Brazil and India. It went to an alarming 145% in China initially. Now the court’s ruling may not negate the tariffs entirely, but it will be a huge blow to the administration and Trump’s strategy. At that time, Trump has pressured different countries to make trade agreements on high tariffs.
