Bulwark Takes Are Americans Getting a Refund from the Illegal Tariffs?
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Feb 21, 2026 
Mike Froman, former U.S. Trade Representative and CFR president, brings decades of trade negotiation experience. He breaks down the Supreme Court ruling limiting tariff authority. He discusses alternative legal paths for tariffs, national security claims, and whether collected tariffs might be refunded. He also explores geopolitical fallout, allies’ responses, and the costs tariffs impose on consumers and business certainty.
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Court Reins In Executive Tariff Power
- The Supreme Court limited executive tariff power by ruling IEPA can't be used to impose tariffs.
- The decision reinforced congressional primacy over taxation under the major questions doctrine.
Tariffs Will Return Under Different Laws
- The president still has other statutory authorities to impose tariffs despite the ruling.
- Expect a higher-tariff environment as the administration shifts to alternative legal bases.
Taxation Triggers Stricter Judicial Scrutiny
- The court treated tariffs as a major question tied to taxation, prompting a stricter reading of statutes.
- Prior deference to executive power didn't apply because taxation is a clear congressional prerogative.