Donald Trump, the former U.S. President, voiced strong disapproval on February 27 regarding the Supreme Court’s decision to invalidate tariffs, publicly advocating for a rehearing.
In a post on his social media platform Truth Social, Trump argued that the recent Supreme Court ruling on tariffs could potentially allow countries and corporations that have been exploiting the U.S. for years to reclaim hundreds of billions of dollars.
He asserted that he’s certain the Supreme Court didn’t anticipate this outcome, adding that it’s absurd that nations and businesses which have taken advantage of them for decades, pocketing billions and billions of dollars it shouldn’t have, might now be entitled to an unprecedented windfall due to this deeply disappointing decision.
Trump then questioned whether a rehearing or reconsideration of the case was possible.
These remarks appear aimed at rallying his base by emphasizing the potential ramifications of the ruling on U.S. trade policy and finances.
However, legal experts generally concur that while a rehearing is procedurally feasible, its chances of success are slim.
U.S. Supreme Court Rule 44 stipulates that rehearing petitions are processed without oral arguments, requiring a majority of justices to approve a rehearing.
Notably, at least one justice who concurred with the original ruling must support the rehearing, making it unlikely unless some justices in the majority alter their position.
On February 20, the U.S. Supreme Court ruled that tariffs imposed under the International Emergency Economic Powers Act (IEEPA) were unlawful.
However, the Court did not address the issue of refunding revenue collected through these IEEPA tariffs.
Consequently, debates and uncertainty regarding the refund of already collected tariffs are intensifying.
The U.S. Customs and Border Protection (CBP) reports that approximately 133.5 billion USD in tariffs were collected under the IEEPA by the end of last year, while the University of Pennsylvania’s Penn-Wharton Budget Model estimates potential refunds could reach up to 175 billion USD.
On the matter of tariff refunds, Treasury Secretary Janet Yellen stated that this is for the lower courts to decide, indicating that she will await the court’s ruling. Yellen also noted that it could take weeks or months for a decision to be reached.
In response, Democrats have recently introduced legislation calling for full refunds of the reciprocal tariffs.