Supreme Court voids Trump's tariffs; U.S. to refund $100bn

President Donald Trump's administration has refunded about $100 billion in tariff revenue after the U.S. Supreme Court struck down a broad set of duties imposed under emergency powers, according to a court filing made public on August 5. The filing in the U.S. Court of International Trade said the refunds, including interest, had been completed through Customs and Border Protection's CAPE system and sent to the Treasury Department for disbursement. The repayments cover more than half of the roughly $166 billion the government collected under the tariff program the court voided in February. The refunds have opened a new phase in Trump's trade agenda, with replacement tariffs already in force under other statutes and new legal and political challenges building around them. ### Which tariffs did the Supreme Court strike down? The Supreme Court ruled on February 20, 2026, that the International Emergency Economic Powers Act does not authorize a president to impose tariffs on imported goods, according to Reuters and a trade-law analysis by Skadden. The decision knocked out many of Trump's widest-ranging 2025 duties, including the so-called "Liberation Day" tariffs that had been imposed on dozens of trading partners. (usnews.com) The Court of International Trade then ordered Customs and Border Protection to refund about $165 billion in unlawfully collected IEEPA duties, Skadden said. That order set off a mass repayment process affecting more than 330,000 importers and more than 53 million entries, according to the same analysis. ### How much money has actually been paid back? (usnews.com) Brandon Lord, executive director of CBP's Trade Programs Directorate, said in a declaration that "refunds (duties plus interest) of approximately $100 billion" had been completed, certified and sent to Treasury for disbursement. The amount was current through the end of July, according to the Aug. 5 filing cited by Reuters and other outlets. (skadden.com) As of 3 p.m. Eastern on July 31, approximately $128.68 billion in both potential and certified refunds had been accepted for processing in CAPE, Lord said in the filing. CAPE, short for Consolidated Administration and Processing of Entries, is the automated system CBP built to process the repayments. ### Who is getting the refunds? Democratic Representative Greg Casar said this week that the repayments were going to companies rather than households, saying, "Trump is sending the 'refunds' to the companies, not working people." (usnews.com) Reuters reported that critics have argued the money has gone to corporate importers because those firms paid the tariffs at the border. (news.webindia123.com) The court filing itself described the payments as refunds of duties plus interest that had been certified by CBP and sent to Treasury. ABC News reported that companies from Amazon to smaller businesses had said payments had reached their accounts, though the filing did not break out recipients by company. ### What has Trump done since the ruling? (usnews.com) Trump responded after the February ruling by issuing new temporary 10% tariffs under a different legal authority, Reuters reported. Reuters also said he later imposed another round of global tariffs under Section 301 of the Trade Act of 1974, which is designed to address unfair or discriminatory foreign economic practices. (usnews.com) The Office of the U.S. Trade Representative said on July 15 that it had finalized a Section 301 action against Brazil, with a 25% tariff on most Brazilian imports taking effect on July 22. Separately, Brazil asked the World Trade Organization for consultations over the 25% tariffs and additional duties of up to 12.5% affecting goods from dozens of countries, according to Reuters and Valor International. (usnews.com) ### Why is Congress now back in the argument? Senator Ron Wyden, the top Democrat on the Senate Finance Committee, introduced the Congressional Trade Powers Reform Act of 2026 on July 22. Wyden said the bill would reclaim congressional authority over tariffs and trade actions that presidents have used broadly in recent years. (ustr.gov) CNBC reported that Wyden's bill would curb several presidential tariff tools and give Congress a greater role before certain duties can take effect. The measure was introduced in the Senate and referred to the Finance Committee, according to GovInfo. ### What happens next in the refund process? The Aug. 5 court filing said certified refunds had already been sent to the Treasury Department for disbursement, meaning additional payments can continue as more claims move through CAPE. (finance.senate.gov) Skadden said companies still need to track affected entries and, in some cases, complete electronic ACH registration to receive payments through the system. (cnbc.com) Brazil's WTO consultations and Wyden's Senate bill are the next named milestones in the broader tariff fight. In court, the Court of International Trade remains the venue handling the refund process, while the administration's replacement tariffs under Section 301 and other authorities face separate scrutiny. (govinfo.gov) (usnews.com)