The US Supreme Court has struck down tariffs enforced by President Donald Trump on nearly every US trading partner.

The court ruled that the President did not have unilateral authority to set tariffs, with taxes and import duties set by Congress per the Constitution. Trump had used the International Emergency Economic Powers Act of 1977 to justify his actions; that act did not mention tariffs.

Donald Trump
– Gage Skidmore

It is unclear whether those who have paid tariffs will be able to receive refunds. The United States “may be required to refund billions of dollars to importers who paid” the tariffs, Justice Brett Kavanaugh wrote in a dissenting letter.

He added that refunds could come “even though some importers may have already passed on costs to consumers or others.”

Trump said that he was proud of Kavanaugh and other dissenting Justices Clarence Thomas and Samuel A. Alito Jr.

He was less effusive about the bipartisan justices who voted against him. “They’re very unpatriotic and disloyal to our constitution,” Trump said.

“It’s my opinion that the court has been swayed by foreign interests and a political movement that is far smaller than people would ever think."

He did not provide any evidence for his claims.

Both Trump and Treasury Secretary Scott Bessent suggested that other trade powers would be used to try to implement tariffs. The federal government has collected more than $200 billion in tariffs since the start of last year, impacting the cost of data center development and semiconductor imports.