GDLSK partner Erik Smithweiss was quoted in a Bloomberg article examining the legal challenges facing the Trump administration as it considers whether to oppose refunds of tariffs recently struck down by the U.S. Supreme Court. The Court’s decision, which invalidated the administration’s use of emergency economic powers to impose sweeping duties, left unresolved whether companies that paid more than $170 billion in contested tariffs will be entitled to refunds.
In the article, Smithweiss noted that while he is unsure what legal grounds the government could assert to oppose returning money found to have been unlawfully collected, the Justice Department’s reference to the need for a “final and unappealable” court order requiring refunds leaves room for potential litigation. He added that he remains “cautiously optimistic” that a refund process will move forward, though further disputes may arise if the government chooses to contest it.
Read the full article here.
