The tariff policy imposed by former President Donald Trump is facing serious legal challenges in U.S. courts, with several American companies — including an Italian entrepreneur — contesting its legality. Two courts have already struck down parts of the policy, and a final ruling from the Supreme Court is pending.
Although the court holds a conservative majority, legal experts stress that this does not guarantee a victory for the administration.
Treasury Secretary Scott Bessent acknowledged that if the government loses, the Treasury would be forced to refund companies roughly half of the tariffs they have paid so far on imports — a potential $160 billion loss. Such a decision would be a major blow to the White House, damaging both its political image and its negotiating power, though businesses would immediately benefit.
For months, uncertainty over tariffs has slowed purchasing and weakened business confidence. Officially set at 15% on European exports, tariffs have in practice reached 30% to 50% due to U.S. customs maneuvers.
While Bessent expressed optimism about the case, he noted that the legal challenge centers on Trump’s extraordinary claims of presidential power to impose tariffs — authority that plaintiffs argue exceeds constitutional limits. Even if the government loses, Bessent suggested there are “many other avenues” to manage tariff policy, though this would weaken Trump’s negotiating position in trade disputes.
