Benesch Partner Jonathan Todd Quoted in gCaptain on Supreme Court Tariff Ruling

Partner Jonathan Todd, Vice Chair of the firm’s Transportation & Logistics Practice Group, was quoted in a recent gCaptain article examining the U.S. Supreme Court’s decision striking down tariffs imposed under the International Emergency Economic Powers Act and the implications for the maritime and logistics industries.

In a 6-3 ruling, the Court held that IEEPA does not grant the president authority to impose tariffs, potentially affecting up to $175 billion in collected duties. While the decision has prompted calls for refunds, uncertainty remains as the administration considers alternative trade authorities and other tariffs stay in effect, leaving global supply chains facing continued volatility.

Jonathan emphasized that the ruling does not eliminate tariff exposure for importers. While IEEPA-based tariffs are invalidated, he noted that other trade remedies — including Section 232, Section 301, anti-dumping, and countervailing duties — remain fully intact. Todd also highlighted the significant uncertainty surrounding refunds, estimating that $130 to $170 billion in duties could be at issue. He cautioned that the refund process will move to the Court of International Trade and Customs and Border Protection, where the mechanics and timing could prove complex.

More: Supply Chains Brace for Renewed Turbulence as Supreme Court Strikes Down Trump Tariffs