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FedEx sues for tariffs refund after Supreme Court strikes down Trump powers

February 24, 2026 by The Baltimore Sun

FedEx has filed a lawsuit against the Trump administration, seeking a “full refund” of all tariffs it paid before the Supreme Court ruled that the International Emergency Economic Powers Act does not authorize the president to impose tariffs.

In a 6–3 decision last week, the justices said President Donald Trump lacked the authority to levy tariffs under IEEPA, reaffirming that Congress — not the president — holds the constitutional power to impose duties unless lawmakers clearly delegate that authority.

“Plaintiffs seek for themselves a full refund from Defendants of all IEEPA duties Plaintiffs have paid to the United States,” lawyers for FedEx wrote in the lawsuit against U.S. Customs and Border Protection that was filed on Monday.

FedEx said it imported goods from countries subject to the duties and “thus [has] suffered injury caused by those orders.” The complaint does not specify how much the company paid in IEEPA tariffs. Other companies are likely to follow FedEx in filing lawsuits seeking refunds on tariffs.

The challenged measures, imposed beginning in February 2025, included 25% tariffs on goods from Canada and Mexico, escalating duties on Chinese imports, and a 10% baseline tariff on nearly all imports. At one point, “most imports from China faced a minimum 145% IEEPA tariff,” according to the complaint. FedEx is asking the U.S. Court of International Trade to order Customs to reliquidate the affected entries, remove the unlawful tariffs and refund the money with interest.

In a statement on its website, FedEx said it “has taken necessary action to protect the company’s rights as an importer of record to seek duty refunds from U.S. Customs and Border Protection.”

“At this time, however, no refund process has been established by regulators or the courts,” the company said. “We will communicate any relevant information and updates in a timely manner, and we appreciate your patience as we wait for additional guidance and clarity from the U.S. government and the courts.”

What the ruling means for businesses and likely the economy is a period of uncertainy as the Trump administration seeks ways to replace the sweeping tariffs.

Trump sharply criticized the Supreme Court after the ruling, accusing certain justices of lacking “the courage to do what’s right for our country.”

“I’m ashamed of certain members of the court, absolutely ashamed,” Trump said in a speech. “They’re very unpatriotic and disloyal to our Constitution.”

Shortly after the decision, the president announced a new 10% global tariff, later increasing it to 15% within 24 hours.

Have a news tip? Contact Alexx Altman-Devilbiss at aaltman-devilbiss@sbgtv.com.

Filed Under: University of Maryland

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