As a major delivery company filed suit against the Trump administration after the Supreme Court’s decision, Senate Democrats were making their own moves to capitalize on the tariff ruling.
Friday, the long-awaited ruling on the use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs came down against President Donald Trump. The result found detractors wasting little time on political theater while FedEx filed a lawsuit of its own seeking a full refund with any applicable interest.
Naming U.S. Customs and Border Protection and Commissioner Rodney Scott, the suit filed Monday in the U.S. Court of International Trade made note of the Supreme Court’s 6-3 ruling passing the buck regarding remedial relief over IEEPA. “Accordingly … Plaintiffs seek for themselves a full refund from Defendants of all IEEPA duties Plaintiffs have paid to the United States.”
FedEx’s court filing contended, “Typically, when goods enter (i.e., are imported into) the United States, the importer of record pays an estimated duty on the entry based on its customs declaration, which asserts a value, origin, and HTSUS (Harmonized Tariff Schedule of the United States) classification for the imported goods … CBP then fixes the final appraisement of merchandise by confirming the final value, classification, duty rate, and final amount of duty for the imported goods.”
In September, FedEx Chief Customer Officer Brie Carere lamented the “very stressful period” as the company suggested the tariffs could cost them $1 billion for fiscal year 2026. The shipping giant was the first major company to file suit after the Supreme Court’s ruling, but others filed suit before that, including Bumble Bee, Costco, EssilorLuxottica, Kawasaki, Revlon, and Yokohama Tire.
Meanwhile, Senate Democrats introduced a bill that would require the refund of up to $175 billion collected via IEEPA tariffs, with The Hill citing Oregon Sen. Ron Wyden (D) saying, “Trump’s illegal tax scheme has already done lasting damage to American families, small businesses, and manufacturers who have been hammered by wave after wave of new Trump tariffs.”
“Senate Democrats will continue fighting to rein in Donald Trump’s price-hiking trade and economic policies. A crucial first step is helping people who need it most, by putting money back in the pockets of small businesses and manufacturers as soon as possible,” he added.
Likewise, Massachusetts Sen. Ed Markey (D) was on record arguing, “Trump’s illegal tariff taxes cost small businesses, consumers, and families up to $175 billion. That money must be repaid immediately. For small businesses with little to no resources, this refund process can be extremely difficult and time-consuming.”
In his dissent, Supreme Court Justice Brett Kavanaugh stated, “Refunds of billions of dollars would have significant consequences for the U.S. Treasury. The Court says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers.”
“Because IEEPA tariffs have helped facilitate trade deals worth trillions of dollars–including with foreign nations from China to the United Kingdom to Japan, the Court’s decision could generate uncertainty regarding various trade agreements.”
Meanwhile, reactions on social media were quick to remind that businesses hadn’t absorbed the cost of tariffs, but rather kicked the burden down to the consumer. Among those arguing the suit should be dismissed, others called for boycotts.
This is utterly insane.
At BEST, refunds are just massive corporate welfare!
— Eric Daugherty (@EricLDaugh) February 23, 2026
Any tariffs fedex paid they charged the addressee with. So unless they’re going to give it back to those people, this lawsuit should be tossed
— Some Dood (@Some__Dood) February 23, 2026
Did FedEx raise prices to compensate for the tariffs?
If they get reimbursed, will they pass it back to their customers?
— America First Conservative (@ETX_Conservatve) February 23, 2026
Guess it’ll be UPS from now on!
— MS (@mel70scott) February 23, 2026
Boycott FedEx.
— Paul A. Szypula 🇺🇸 (@Bubblebathgirl) February 23, 2026
Native of Brooklyn, NY, Kevin Haggerty is a graduate of Hunter College where he studied Cultural Anthropology and Geography. An avid reader and truth seeker, he currently resides in Texas with his wife and their dog and, when he isn't researching current events and their impacts, you'll find him spending time with friends and family or working on his next novel.
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