Federal Circuit Rejects Delay, Sends Tariff Refunds Back to Trade Court

Order clears path for importers to seek billions in refunds after the Supreme Court struck down most tariffs on Feb. 20.

Overview

A summary of the key points of this story verified across multiple sources.

1.

The U.S. Court of Appeals for the Federal Circuit on Monday denied the Justice Department's request to delay and sent the tariff-refund litigation to the U.S. Court of International Trade.

2.

The move follows the Supreme Court's Feb. 20 ruling that most of President Trump's global tariffs were illegal under IEEPA, opening the door for importers to seek refunds.

3.

The Justice Department had asked the Federal Circuit for a 90-day pause to allow the political branches to consider options, while lawyers for small businesses urged immediate action and vowed to pursue refunds.

4.

The government had collected more than $130 billion from the tariffs by mid-December and could be on the hook for about $175 billion, and more than 2,000 refund lawsuits have been filed by companies including FedEx, Revlon and Costco.

5.

The Court of International Trade is expected to set procedures for processing refunds, and trade lawyers said the court will likely request a government status update or expedited briefing.

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Analysis

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Center-leaning sources present neutral coverage, focusing on procedural facts, court rulings, and expert attribution. They use measured verbs ("rejected," "urged"), cite the Supreme Court decision and Penn Wharton estimates, and include named legal experts and reporters. The piece avoids loaded adjectives, selective omission, or partisan characterization.

FAQ

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The Supreme Court ruled 6-3 on February 20, 2026, that President Trump's tariffs imposed under the International Emergency Economic Powers Act (IEEPA) were illegal, as IEEPA does not authorize the president to levy tariffs.[1]

The U.S. Court of Appeals for the Federal Circuit denied the Justice Department's request for a 90-day delay and issued its mandate, remanding the case to the U.S. Court of International Trade to handle tariff refund processes.[2]

The government collected over $130 billion from the tariffs, and could be liable for about $175 billion in refunds, with estimates of more than $200 billion paid by importers.[1]

More than 2,000 refund lawsuits have been filed, including by companies such as FedEx, Revlon, and Costco.

The U.S. Court of International Trade will set procedures for processing refunds, likely requesting a government status update or expedited briefing, though the full process could take years.[2]