FedEx has filed a lawsuit against the US government seeking a full refund of tariffs imposed under Donald Trump that were ruled illegal by the Supreme Court last week. The suit, filed on Monday in the US Court of International Trade, names US Customs and Border Protection (CBP), its commissioner Rodney Scott, and the United States as defendants. The company did not specify the amount sought but stated it is pursuing a 'full refund' for duties paid.
The Supreme Court ruled 6-3 on Friday that Trump overstepped his authority by using the International Emergency Economic Powers Act (IEEPA) to impose tariffs, stating that only Congress has the power to levy taxes under the constitution. The decision was the first to overturn a Trump policy in his second term and undercut his claims to executive authority over trade.
FedEx's lawsuit is the first by a major company seeking reimbursement from an estimated $175bn in tariffs collected. Other businesses are expected to follow. The ruling did not address refunds, but FedEx said it is protecting its rights as an importer to seek duty refunds from CBP.
In a dissenting opinion, Justice Brett Kavanaugh noted that refunds of billions of dollars would have significant consequences for the US treasury. Trump rebuked the court and announced new global tariffs under different statutes, raising them from 10% to 15% within 24 hours. Top trade negotiator Jamieson Greer argued the policy remains unchanged, giving US businesses leverage in world trade.
Senate Democrats have called for refunds to go to small businesses and urged larger companies to pass refunds to customers. The Tax Foundation estimated that the tariffs amounted to a $1,000 tax increase on US households in 2025, raising prices and reducing economic output.
