Gregory Husisian Unpacks SCOTUS Tariff Ruling, What to Watch Next

Foley & Lardner LLP partner Gregory Husisian captured broad national attention unpacking the Supreme Court’s decision striking down Trump‑era tariffs imposed under IEEPA.

Key takeaways

• The Supreme Court struck down the tariff authority but left refunds unresolved, sending the issue back to the Court of International Trade to determine how and whether refunds will be issued.
• Refunds are possible but complicated, with existing processes not designed to the scale of claims and likely to discourage participation through procedural hurdles.
• Tariffs remain in effect for now, as importers must continue paying until Customs formally ends collection or a court order directs otherwise.
• Courts are moving quickly, but appeals are inevitable, keeping the timing and scope of refunds uncertain.
• Tariffs are not disappearing, only shifting, with the administration expected to rely on other trade authorities to impose new or replacement duties.

Notable media coverage of Gregory Husisan’s commentary is listed below.

• “The $130 Billion Race for Companies to Get Their Tariff Money Back” – The Wall Street Journal
• “Wall Street Traders Are Pouncing on the Tariff Refund Chaos” – The Wall Street Journal
• “How the Dash to Collect Tariff Refunds Will Play Out”– The Wall Street Journal
• “The clock is ticking on tariff refunds”– Axios
• “Trump Tariff Refunds Portal Is 70% Complete, US Tells Judge” – Bloomberg
• “Most Tariff Refunds Facing Denial If Importers Don’t Opt In” – Bloomberg
• “In Tariff Refund Process, First Payment Set to Go Out May 11” – Bloomberg
•  “New tariffs reshaped small businesses. Will they get their money back?”– USA Today
•  “US businesses clamor for refunds after supreme court strikes down Trump’s tariffs” – The Guardian
• “Trump Imposes New Tariffs to Sidestep Supreme Court Ruling”– Wired
• Tariff Refunds Update: System To Issue $166 Billion Set To Launch” – Newsweek
• “Tariff Refund Update as US Businesses Offered Buyouts” – Newsweek
• “One Certainty As Tariff Refunds Start: ‘There Will Be Litigation’” – Law360
• “3 Questions After Justices Sink Trump’s Emergency Tariffs”– Law360
• “Trump administration signals it will offer broad tariff refunds. That could mean millions for companies” – Yahoo! Finance
• “How 2 court rulings this past week shifted the tariff refund debate”– Yahoo! Finance
• “Kohl’s, Milwaukee Tool among major companies suing for tariff refunds”– Milwaukee Business Journal
• “Southeast Wisconsin businesses brace for new trade hurdles after Supreme Court strikes down tariffs”– Milwaukee Business Journal
• “Defiant Donald Trump Hikes Tariff To 15% Despite Court Setback | The Trump Tariff Twist | CNBC TV18,”– CNBC-TV18
• “US Supreme Court ruling on Trump tariffs: What’s next?” – Global Trade Review
• “Tariff refunds: Court provides first step with liquidation order” – SupplyChainDive
• The Boston Globe
• MSN
• Bloomberg Law
• Yahoo! Finance
• Transport Topics
• Manufacturing Dive
• CFO Dive
• MedTech Dive
• Utility Dive
• Retail Dive
• Business of Fashion

(Some subscription required)