US Secretary of the Treasury Scott Bessent speaks as US President Donald Trump signs executive orders in the Oval Office of the White House in Washington, DC on September 5, 2025.
Mandel Ngan | Afp | Getty Images
Treasury Secretary Scott Bessent said Sunday that he is “confident” that President Donald Trump’s tariff plan “will win” at the Supreme Court, but warned his agency would be forced to issue massive refunds if the high court rules against it.
If the tariffs are struck down, he said, “we would have to give a refund on about half the tariffs, which would be terrible for the Treasury,” according to an interview on NBC’s “Meet the Press.”
He added, however, that “if the court says it, we’d have to do it.”
The Trump administration last week asked the Supreme Court for an “expedited ruling” to overturn an appeals court decision that found most of his tariffs on imports from other countries are illegal.
Generally, the Supreme Court could take as long as early next summer to issue a decision on the legality of Trump’s tariffs.
Bessent has said that “delaying a ruling until June 2026 could result in a scenario in which $750 billion-$1 trillion in tariffs have already been collected, and unwinding them could cause significant disruption.”
The prospect of the government having to refund tariffs of that magnitude could mean an unprecedented windfall to the businesses and entities that paid them.
The top administration officials’ comments come as Trump’s tariffs face an uncertain future after a federal appeals court ruled last month that most of his “reciprocal tariffs” are illegal.
The U.S. Court of Appeals for the Federal Circuit ruled that Trump overstepped his presidential authority when he introduced “reciprocal tariffs” on almost every country as part of his “liberation day” announcement.
Trump has requested that the Supreme Court hear arguments on his appeal in early November and issue a final decision on the legality of the disputed tariffs soon thereafter, according to filings obtained by NBC News from the plaintiffs in the case.
Before court action, Trump’s tariffs were set to affect nearly 70% of U.S. goods imports, according to the Tax Foundation. If struck down, the duties would impact just roughly 16%.
However, while Bessent and others have expressed confidence that the Supreme Court will rule in its favor, the administration is working on backup plans in case it does not.
National Economic Council Director Kevin Hassett said Sunday that there are “other legal authorities” that the administration could take if Trump’s tariffs are blocked.
“There are other things that could happen should it go that way,” Hassett said on CBS News’ “Face the Nation” if the tariffs are overturned. Some of those efforts could include implementing tariffs through Section 232, or sector-specific levies.
Section 232 of the Trade Expansion Act of 1962 allows the president to implement levies “so that such imports will not so threaten to impair the national security,” following an investigation into trade practices, NBC News reports.
For example, the Trump administration in August expanded its 50% steel and aluminum tariffs to include more than 400 additional product categories, according to the Department of Commerce. Trump has also threatened to impose steep tariffs on semiconductors and pharmaceuticals.
Other levies that would not be affected by Trump’s court battle are those on low-cost items. The administration officially eliminated the “de minimis exemption” on U.S.-bound goods valued at $800 or less.
On Saturday, the Universal Postal Union, an agency of the UN, said postal traffic into the U.S. plummeted by more than 80% after the Trump administration ended the tariff exemption on cheap imports as postal operators looked for guidance on compliance with the new rules.