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    Labor & Employment Law Daily Wrap Up, VITAL BRIEFING—Administration slow walking tariff refunds; $23 billion paid out, $143 billion remains outstanding, (Jun 12, 2026)

    By Brad Rosen, J.D.

    President Trump warned litigation was coming the day the Supreme Court handed down its IEEPA decision finding the administration’s tariffs to be illegal. As he explained to reporters, “We’ll end up being in court for the next fiv ...

    By Brad Rosen, J.D.

    President Trump warned litigation was coming the day the Supreme Court handed down its IEEPA decision finding the administration’s tariffs to be illegal. As he explained to reporters, “We’ll end up being in court for the next five years.”

    In this installment of Tariff Insights, Thomas Thompson examines the Trump administration’s apparent willingness to continue litigation and challenge legitimate claims filed by exporters seeking tariff refunds called for by the Supreme Court’s ruling in V.O.S. Selections v. Trump, decided in February of this year.

    Some of the matters Thompson discusses in the article include:

    • Indications from government attorneys that the administration will appeal a Court of International Trade (CIT) order that lets all potential claimants seek refunds of tariffs struck down by the Supreme Court without individually suing the government.

    • The growing disparity and inequity between large and small importers in connection with processing of tariff refund claims, as well as the government’s Consolidated Administration and Processing of Entries (CAPE) platform’s current inability to address such claims.

    • A direction from a CIT judge to government attorneys representing Customs and Border Protection (CBP) to pay back all wrongfully imposed duties, which now reflects potential claims for nearly $50 billion in refunds for liquidated tariffs.

    To read the piece, click on Administration slow walking tariff refunds; $23 billion paid out, $143 billion remains outstanding.

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