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The Democratic attorneys general and governors in the lawsuit argue that Trump is overstepping his power with planned 15% tariffs on much of the world.

The justices were silent on the refund question, leaving questions of payback to the New York-based U.S. Court of International Trade. No one expects a speedy resolution.

The majority of five conservative justices said the federal law that generally shields USPS from lawsuits over missing, lost and undelivered mail includes “the intentional nondelivery of mail.”

The Trump administration is likely to face legal obstacles if it argues against refunds for the tariffs struck down by the Supreme Court — thanks to statements by Justice Department lawyers.

The court agreed to take up a case from Boulder, Colo., among a series of lawsuits alleging the companies deceived the public about how fossil fuels contribute to climate change.

The Supreme Court decision could potentially disrupt arrangements worked out in trade negotiations since Trump announced sweeping tariffs on dozens of countries in April 2025.

Treasury Secretary Scott Bessent said any refunds from tariffs struck down by the Supreme Court would amount to “ultimate corporate welfare,” suggesting he sees no benefit flowing to consumers.

President Trump said Feb. 20 that he planned to impose a flat 10% levy on foreign goods and that he would order a raft of trade investigations that should allow him to enact more permanent tariffs.

The U.S. Supreme Court in its 6-3 majority ruling overturning President Donald Trump’s use of emergency powers to implement tariffs offered a firm indictment of the president’s actions.

The president can reuse tariff powers he deployed in his first term and can reach for others, including one that dates to the Great Depression.