The Court of International Trade has overseen large-scale refunds before. Congress enacted a harbor maintenance tax in 1986 that was assessed on the value of all cargo into and out of U.S. ports. The Supreme Court ruled part of the tax was unconstitutional in 1998. The Court of International Trade oversaw a refund process involving more than 100,000 claimants ... "
Trump has imposed 15% across the board tariffs using Section 122 which allows the President to impose tariffs up to 15% for up to 150 days for balance of payment issues, after which Trump generally would need congressional authority to continue them, but Trump arguably has the power to renew them repeatedly for 150 days at a time without congressional authorization. Section 338 allows up to 50% tariffs without an investigation based on discriminatory trade practices. Scott Bessent has already said that was Trump's go to back-up plan. Section 232 allows Trump to impose tariffs based on national security concerns but requires an investigation by the Department of Commerce. Section 301 allows Trump to impose tariffs based on unfair trade practices but also requires an investigation by the Department of Commerce.
Since the Trump Administration has completely politicized the Department of Justice, it's hard to imagine that the Trump Administration could not get a Department of Commerce investigation to rule that there are unfair trade practices or national security concerns in trade since there clearly are in the cases where China is heavily subsidizing certain industries, which is an unfair trade practice, or with rare earth materials and magnets for which there is a near Chinese monopoly, so there is a clear national security concern. And in cases where there is no apparent national security or unfair trade issue, does anyone really believe that the Trump's minions at the Department of Commerce won't find that there is one?
In short, Trump has clear statutory authority to impose tariffs without the consent of Congress, and though it will require investigations, it is a fait accompli that Trump will use that authority. The irony of this is that Trump could have used his legal authority to impose all of the tariffs he has so far levied, but choose to flagrantly violate the law because apparently it was too much of a bother to follow the law.
Trump just imposed a 10% levy on all imports. 7 minutes ago.
Set to take effect Tuesday.
Canada and Mexico exempted.
To clarify, he did exempt a wide set of goods.
Preet. Are u ok?
So worth while to stay awake for this.
Acoupla real jewels! Thanks much!
Lawrence
This is amazing. My two favorite Bluesky follows
❣️Steve Vladeck & Preet Bharara - ‘no’ DJT’s Tariffs decision details & particulars
https://bsky.app/profile/kenaiseasky.bsky.social/post/3mfdlpg35qk2y
The Court of International Trade has overseen large-scale refunds before. Congress enacted a harbor maintenance tax in 1986 that was assessed on the value of all cargo into and out of U.S. ports. The Supreme Court ruled part of the tax was unconstitutional in 1998. The Court of International Trade oversaw a refund process involving more than 100,000 claimants ... "
How will companies get refunds now that the US Supreme Court has rejected Trump's tariffs? - https://www.reuters.com/sustainability/boards-policy-regulation/how-will-companies-get-refunds-now-that-us-supreme-court-has-rejected-trumps-2026-02-20/?utm_source=Sailthru&utm_medium=Newsletter&utm_campaign=Weekend-Briefing&utm_term=022126&lctg=5f6d12cb50001e1866ee11e3
Trump has imposed 15% across the board tariffs using Section 122 which allows the President to impose tariffs up to 15% for up to 150 days for balance of payment issues, after which Trump generally would need congressional authority to continue them, but Trump arguably has the power to renew them repeatedly for 150 days at a time without congressional authorization. Section 338 allows up to 50% tariffs without an investigation based on discriminatory trade practices. Scott Bessent has already said that was Trump's go to back-up plan. Section 232 allows Trump to impose tariffs based on national security concerns but requires an investigation by the Department of Commerce. Section 301 allows Trump to impose tariffs based on unfair trade practices but also requires an investigation by the Department of Commerce.
Since the Trump Administration has completely politicized the Department of Justice, it's hard to imagine that the Trump Administration could not get a Department of Commerce investigation to rule that there are unfair trade practices or national security concerns in trade since there clearly are in the cases where China is heavily subsidizing certain industries, which is an unfair trade practice, or with rare earth materials and magnets for which there is a near Chinese monopoly, so there is a clear national security concern. And in cases where there is no apparent national security or unfair trade issue, does anyone really believe that the Trump's minions at the Department of Commerce won't find that there is one?
In short, Trump has clear statutory authority to impose tariffs without the consent of Congress, and though it will require investigations, it is a fait accompli that Trump will use that authority. The irony of this is that Trump could have used his legal authority to impose all of the tariffs he has so far levied, but choose to flagrantly violate the law because apparently it was too much of a bother to follow the law.