BREAKING: US Supreme Court Rules Trump’s 2025 IEEPA Tariffs are Unlawful
Today, the US Supreme Court has finally delivered its long-awaited ruling, holding that President Trump’s 2025 IEEPA tariffs were unconstitutional and not authorized by the International Emergency Economic Powers Act (IEEPA).
The US Supreme Court in LEARNING RESOURCES, INC., ET AL. v. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL. found that authorization granted for the President by IEEPA to “regulate”–“importation” cannot be interpreted to mean a power to impose tariffs that are “unbounded in scope, amount, and duration.” The Supreme Court held that such an interpretation would deprive Congress of its taxing power, which “very clear[ly] includes the power to impose tariffs.”
Moreover, Chief Justice John Roberts stressed in his majority opinion that the Framers of the US Constitution “gave Congress alone... access to the pockets of the people.” Such power has not been vested in the Executive Branch, even more so – “taxing exports is expressly forbidden by the Constitution”. The US Supreme Court did not provide any guidance on how IEEPA tariffs collected from importers shall be returned.
Please note that today’s Supreme Court ruling has no effect on tariffs imposed pursuant to Section 232 (applicable to aluminum, steel, copper, and certain derivative products; vehicles and parts, wood products, as well as semiconductors and electronics) and Section 301 (primarily imposed on products imported from China).
During a White House press conference scheduled in response to the Supreme Court ruling, President Trump announced plans to impose a 10 percent global tariff.
We are Here to Help
Hinshaw’s international corporate and transactional attorneys can assist clients with a structured approach to maintain eligibility to receive refunds, modifications to the ACE (the “Automated Commercial Environment” web-portal for trade users for importing and exporting goods) portal, filing protests, extensions of liquidations, post-summary corrections, and other maneuvers to facilitate tariff refunds. Failure to take action can affect any refund recovery, and certain actions are time-sensitive.
Distributors, importers, and manufacturers may also have paid tariffs. We are assisting clients in evaluating the downstream impact of refunds or potential refunds. We will create a plan for your business to evaluate and preserve rights to refunds based on the nature of your business and relationships.
We will continue to closely monitor legal developments and potential refund processes adopted by the CBP. In the meantime, timely action remains the most important determinant of refund eligibility. Please contact Hinshaw’s international corporate and transactional attorneys for inquiries: Megan Mathias, Justyna Regan, or your Hinshaw attorney for more information.
Related People
Related Capabilities
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 13, 2026
DOJ Settlement with Car Retailer Highlights SCRA Repossession Risks

Privacy, Cyber & AI Decoded Alert
Mar 11, 2026
Compliance Considerations for GDPR Consent in Biotech Clinical Research

Press Release
Mar 4, 2026
Marcia Mueller Named the 2026 Mentorship Award Winner by YWCA Northwestern Illinois

Press Release
Mar 3, 2026
Hinshaw Announces New Administrative Leadership Appointments

In The News
Feb 27, 2026
Hinshaw Partners Examine Implications for Nursing Homes of New Illinois Aid-in-Dying Law

In The News
Feb 24, 2026
Lucy Wang Authors Law360 “Expert Analysis” on Why Attorney Civility Means More in 2026

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner
![[Video] New Regulatory Priorities Under Mayor Mamdani’s NYC Department of Consumer and Worker Protection](/a/web/oHiTWa7kRy3Ht1brq6k4BT/bkMx39/new-york-city-skyline.jpg)
