(Washington, D.C.)—Following last week’s 6–3 Supreme Court decision in Trump v. V.O.S Selections et al holding that the Administration lacked authority under the International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs, the Liberty Justice Center and co-counsel Neal Katyal today filed coordinated motions in the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of International Trade (CIT) to enforce the ruling and initiate refunds.
At the Federal Circuit, Plaintiffs moved for immediate issuance of the mandate so jurisdiction can return to the CIT. Until the mandate issues, the CIT cannot act. Issuing it allows the lower court to implement the Supreme Court’s decision.
At the same time, Plaintiffs filed a motion in the CIT seeking permanent injunctive relief. The motion asks the court to permanently bar enforcement of IEEPA tariffs against Plaintiffs and to order the government to issue the administrative directives necessary to refund all unlawfully collected tariffs — with interest — and direct U.S. Customs and Border Protection to begin cutting checks.
“Liberty Justice Center won at the Supreme Court last week on behalf of our five clients and all American businesses that have had to pay illegal, unjust and unconstitutional tariffs, but the fight isn’t over,” said Sara Albrecht, Chairman of the Liberty Justice Center. “Now we are asking the courts to ensure the government honors its commitments and refunds American businesses.”
The Government Promised Refunds
Throughout the case, government lawyers assured the courts that businesses would suffer “no harm” during appeal because, if the tariffs were struck down, refunds would automatically issue with interest.
Those assurances helped justify allowing tariff collection to continue.
Now, Administration officials have publicly suggested that refunds could take “weeks or months” — or even years.
“The government cannot promise the courts that refunds will be automatic if the unlawful tariffs are struck down at the Supreme Court and then, after the decision, say those refunds might take years. This is simple: the government unlawfully imposed a tax on Americans and took their money. We’d like it back,” Albrecht said.
Hundreds of Cases Waiting
More than 900 related cases are pending at the CIT and have been stayed awaiting final resolution of this lead case. Prompt issuance of the mandate and entry of permanent relief will allow those cases to move forward and establish a uniform refund process.
“These refunds are owed to American companies that employ American workers,” Albrecht added. “The rule of law requires compliance — not delay.”