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Saturday, November 14, 2026Nov 14

Times Opinion: Donald Trump’s tariff refund game to deny, delay and defy the Supreme Court

Photo by Richard Rodriguez via Getty Images/TNS / U.S. Treasury Secretary Scott Bessent speaks during a Q&A at the Economic Club Of Dallas on Feb. 20, 2026, in Dallas, Texas. The Treasury Secretary spoke about the economy and the Supreme Court's 6-3 ruling on a decision against President Donald Trump's tariffs.
Photo by Richard Rodriguez via Getty Images/TNS / U.S. Treasury Secretary Scott Bessent speaks during a Q&A at the Economic Club Of Dallas on Feb. 20, 2026, in Dallas, Texas. The Treasury Secretary spoke about the economy and the Supreme Court's 6-3 ruling on a decision against President Donald Trump's tariffs.

The Supreme Court ruled that the $164.7 billion in tariffs collected under the International Emergency Economic Powers Act (IEEPA) was unlawful. The decision has triggered a historic act of executive defiance.

The federal government signals it may never return the illegally collected tariffs, offering a logistical excuse rather than a legal defense: The money has already been spent. This position is both unethical and a breakdown of the rule of law. Every American who has filed a tax return understands: If you overpay, you get a refund. The government’s accounting infrastructure exists precisely to make such calculations transparent and prompt.

The same accounting logic applies here. The court ruling was unequivocal: The illegally collected tariffs belong to the entities that paid them.

However, the Trump administration’s position on returning this $164.7 billion has evolved with remarkable speed, pivoting through four distinct and contradictory narratives.

First, the government assured the courts that tariff refunds would be guaranteed and prompt. It was only because of these promises that courts allowed the collection to continue while the appeals were pending.