The administration said on Friday it plans to appeal a federal judge’s order that allowed all U.S. importers the ability to seek tariff refunds, not just those who sued the administration. The Supreme Court struck down tariffs President Donald Trump imposed under the International Emergency Economic Powers Act (IEEPA) in February, ruling the imposition of the tariffs exceeded the president’s powers.
“CBP has no authority to reliquidate or refund money without a court order,” the Justice Department said in the filing.
The White House did not immediately respond to Fortune’s request for comment.
“It’s genuinely surprising that the government hasn’t appealed the universal refund order already,” Matthew Seligman, a federal litigator of constitutional law and principal of Grayhawk Law, told Fortune in April. “The government has opposed universal injunctions in every single context since President Trump retook office. If the government appealed the universal refund order, it would win.”
This isn’t just a hallmark of Trump’s White House, but a pattern of legal behavior usually taken by U.S. governing powers, who typically work against any restrictions that could be placed upon their powers, according to Seligman.
“The executive branch always seeks to retain as much freedom of action and flexibility as it can, and so acquiescing to universal injunction is just extraordinarily difficult to imagine end up being the case,” he said.
“A lot of it is politics, right?” Brown said. “It’s a midterm election year. This would not be the favorable thing to do, to say, ‘Hey, we’re not going to give you your money back.’”
