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Corporations POUND Trump as SCOTUS GEARS UP for Total TAKEDOWN

Posted

December 21, 2025

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Brian Kabateck and Shant Karnikian discuss over 100 companies—including Costco, Toyota, Kawasaki, RayBan, Revlon, and Elizabeth Arden—filing lawsuits to preserve their right to refunds on Trump's illegal tariffs before it's too late. Trump invoked the International Emergency Economic Powers Act (IEEPA) to impose "reciprocal" and "fentanyl" tariffs in early 2025, but the law doesn't mention tariffs anywhere. During November 5th Supreme Court oral arguments, even conservative justices expressed skepticism about Trump's authority, with the administration performing poorly. The government has collected $88 billion (some estimates say up to $259 billion) from these tariffs, which Americans ultimately paid. The urgent problem: under U.S. Customs law, imported goods are subject to "liquidation"—a point after which recovering duties becomes extremely difficult or impossible. Companies face December liquidation deadlines, meaning even if the Supreme Court strikes down the tariffs, they could lose their refund rights if entries liquidate first. U.S. Customs and Border Protection denied multiple companies' requests for extensions, forcing them to file lawsuits to preserve eligibility. The hosts note Trump's solicitor general admitted consumers pay these costs, and explain these tariffs are actually unconstitutional taxes requiring Congressional approval. The Court must rule by the end of its June 2026 term, but the outcome appears grim for the Trump administration.

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Guests & Subjects Covered

Subscribe Brian KabateckShant KarnikianElizabeth ArdenfilingDuring NovemberSupreme CourtUS CustomsBorder ProtectionThe Court

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Corporations POUND Trump as SCOTUS GEARS UP for Total TAKEDOWN · Legal Af · Sentinel