Federal government on the hook to return billions in collected tariffs 

The government is now on the hook to return roughly $166 billion in tariffs after the Supreme Court ruled those taxes were imposed improperly. That’s not a small clerical error. That’s a massive policy reversal with real money on the line for businesses, and possibly even us — the consumer.   

And yet, instead of focusing on his massive miscalculation and how to cleanly fix it, the president is sending a very different message.  

President Trump says it would be “brilliant” if companies don’t even ask for their money back. And then he added something that raises eyebrows: “If they don’t do that, I’ll remember them.”  

We’re talking about billions of dollars that companies are legally entitled to reclaim, with an expectation that the process is neutral, rules-based and fair. Not personal. Not political. Not dependent on whether you’re in the president’s good graces.  

For a refresher: The Supreme Court ruled, in a 6-3 decision, that the administration overstepped its authority when it used emergency powers to impose sweeping tariffs. Now Customs and Border Protection has opened a portal for businesses to apply for refunds. We’re talking about more than 330,000 importers that were affected.  

So this isn’t hypothetical. This is real money owed back under the law.  

And here’s where it gets even more complicated. While businesses are first in line for those refunds, there’s an open question about whether consumers, who often paid higher prices because of those tariffs. could see any of that money. Some experts say it’s possible, but far from guaranteed.   

So you’ve got companies weighing whether to claim funds they’re entitled to, while also hearing the president say he’ll “remember” who does and doesn’t.  

The rule of law is supposed to operate independently of personal influence. A company’s decision to follow a legal process shouldn’t come with political implications or perceived consequences.  

And stepping back, this moment says a lot about how power is being framed. The president is openly frustrated with the court, calling the ruling “a little setback” and suggesting they should have made it easier for the government to keep the money. But that’s not how checks and balances work. The courts don’t rewrite outcomes to make them more convenient — its job is to literally interpret the law.  

At the end of the day, this isn’t just about tariffs. It’s about whether businesses feel free to act in their own financial interest under the law, or whether they feel pressure to factor in politics.  

Lindsey Granger is a NewsNation contributor and co-host of The Hill’s commentary show “Rising.” This column is an edited transcription of her on-air commentary.   

Copyright 2026 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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