Trump's Illegal Tariffs: Refunds for Companies Only
NEWS & RESEARCH
The Supreme Court ruled that President Trump’s unilateral global tariffs violated federal law. Trump then imposed a 10 percent tariff on most US imports under Section 122 o the Trade Act of 1974. But a majority of the Court of International Trade ruled that the 10 percent tariff was also illegal. While these tariff policies caused significant market uncertainty, a report confirms that U.S. consumers bore the brunt of the cost through higher prices. Although impacted companies can claim federal refunds, everyday shoppers are unlikely to see any reimbursement. In July 2026, Trump imposed a 50% tariff on Canadian exports of wine, cement, dairy products, plywood, paper and furniture under a largely forgotten, legally untested provision, Section 338 of the Smoot-Hawley Act of 1930, asserting that a Canadian tariff discriminates against US goods. Canada imposed the tariff to match the tariffs Trump had imposed on Canadian imports.
SOURCES: CNN | The Guardian | USA Today | Reason | Axios
ANALYSIS & OPINION
Consumers will not be compensated for the "massive damage" caused by the tariffs, which were an abuse of power. Meanwhile, Los Angeles Times columnist Michael Hiltzik criticized the policies as economically "inexplicable," suggesting they functioned primarily as tools for "geopolitical bullying." In response to Trump imposing 50% tariffs on Canadian goods, legal experts expect Canada to challenge the use of Section 338 of Smoot-Hawley.
SOURCES: The Hill | Opinion: Los Angeles Times | New York Times
HOW TO FIX IT
Federal action:
Sunset Tariffs: Allow Section 122 tariffs to expire in July 2026.
Pass the Stop Global Tariffs Act to eliminate recent 10% levies.
Enact the Tariff Refund Act of 2026 to accelerate CBP payments and remove administrative hurdles for importers.
Legislation:H.R.6781 - Trump Tariff Rebate Act | S.J.Res.49 - A joint resolution terminating the national emergency declared to impose global tariffs
