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The tariff policy imposed by President Donald Trump is being challenged in court by several American companies, including an Italian entrepreneur, and two courts have already struck it down. The final decision is expected from the Supreme Court, where the majority of judges is conservative, but that does not guarantee the administration's victory in its trade battle.
Treasury Secretary Scott Bessent has acknowledged that if the Court rules against them, the department will be forced to reimburse companies for about half of the tariffs they have paid so far on imports, a major loss for the White House, especially in terms of image and political power, but with immediate consequences for American businesses.
For five months, uncertainty over tariffs has slowed purchases and cooled business confidence. For example, the 15% tariffs on European exports, foreseen in the official declaration, have been applied in practice at between 30 and 50% through maneuvers by US customs.
Bessent expressed optimism about the outcome of the trial, but stressed that the legal challenge lies in the extraordinary powers that Trump claims to impose tariffs, which the plaintiffs say exceed the president's authority.
In the event of a loss, the Treasury would have to return about $160 billion, but there are "many other ways" to manage the tariffs, although this would weaken the president's negotiating position.
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