Court Clears Path for Tariff Refunds Despite Trump Administration's Bid for Delay

Litigation attorney Ashley Akers was quoted in an S&P Global article discussing a March 2, 2026, decision by the U.S. Court of Appeals for the Federal Circuit denying the U.S. Department of Justice's (DOJ) request to delay the start of the tariff refund process following the U.S. Supreme Court's ruling that President Trump exceeded his authority under the International Emergency Economic Powers Act (IEEPA) in imposing the measures. The article highlighted the significant financial stakes for importers as well as unresolved practical and legal questions around how refunds will be processed, such as whether the Supreme Court's decision is a "protestable event" for purposes of administrative remedies at U.S. Customs and Border Protection (CBP) versus pursuing relief from the U.S. Court of International Trade (CIT). Ms. Akers noted that going to court adds a layer of judicial supervision, whereas CBP is an executive agency that answers to presidential mandates.

"If you go to the CIT, now you have court oversight in the judicial branch, which is obviously separate from the executive," she said.

READ: Court Clears Path for Tariff Refunds Despite Trump Administration's Bid for Delay