[lh7777]

The Supreme Court still gets to weigh in before companies can start asking for their money back. From the decision:

> The Clerk is directed to withhold issuance of the mandate through October 14, 2025, during which the parties may file a petition for a writ of certiorari in the Supreme Court. If, within that period, any party notifies the Clerk in writing that it has filed a petition for a writ of certiorari, the Clerk is directed to withhold issuance of the mandate pending (1) the Supreme Court’s denial of certiorari or (2) a judgment of the Supreme Court if certiorari is granted. While the issuance of the mandate is withheld, the United States Court of International Trade shall take no further action in this case.

https://storage.courtlistener.com/recap/gov.uscourts.cafc.23...

Edited to remove hyphens that copied in from the PDF source.

[codingdave]

In other words, the court handed them a process whereby the illegal tariffs keep on going into next summer.

[ivape]

It won’t be retroactively be illegal? It will become illegal exactly next summer?

[Tadpole9181]

It will be retroactively illegal and the companies can claim damages from the US government... Kinda? Federal law is now an absolute nightmare with the latest "every district is its own thing" and "unitary executive" and "presidents are immune for official acts" kind of policies.

If SCOTUS does decide tariffs are illegal (which they are, objectively, irrefutably illegal for the POTUS to declare - Congress is explicitly the only branch with this power in the constitution), the US may owe hundreds of billions back to countless organizations and individuals.

But we live in a country without consistent law or a reason-based government, so SCOTUS may just declare that the executive has absolute authority instead.

[tharmas]

Wont Trump just bully the Republican members of Congress to make the tariffs legal?

[codingdave]

That feels like semantics at this point. If there is no enforcement on this decision, the American people are still paying the tariffs for almost a year. If SCOTUS upholds them as being illegal next summer, and even if they say people can get reparations, and even if they figure out a way to do so without creating other problems... that doesn't fix the next 10-11 months.