No. of Recommendations: 2
It all has to be litigated since the Supreme Court didn't rule on refunds and didn't rule on this new tariff angle Trump is trying.
I think a lot of these businesses are going to have some degree of trouble getting "refunds" for the past tariffs. One of the reasons is, did they absorb the tariffs out of their profits, or did they raise prices and pass the costs along to consumers?
That's going to have to be probably determined on a case by case basis, although maybe someone clever could do a class action. But any business with a large refund claim is going to opt out of class action litigation anyway.
As far as the basis for the new tariff plan, people have been quoting a bunch of experts for their opinions.
Typically that's going to require a trial on the merits unless someone can win a summary judgment and make it stick on appeal.
Trump's not even going to be President any longer by the time this all plays out in the courts.
Trump isn't breaking the system, he's working the system.
You want a refund, PROVE IT. IN COURT. I mean, that may not be your cup of tea but it is SOP for Trump. And it is all perfectly legal and within legal and political "norms."