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Quick Hit - Kavanaugh's "mess" [1]

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Date: 2026-02-20  

In his dissent to the majority’s Supreme Court ruling on Friday, Justice Brett Kavanaugh wrote: “The United States may be required to refund billions of dollars to importers who paid the IEEPA tariffs, even though some importers may have already passed on costs to consumers or others. As was acknowledged at oral argument, the refund process is likely to be a ‘mess.’”

I agree that the refund process is more than likely to be a “mess”. However, the blame for the mess sits most squarely upon the Supreme Court itself. Significant dates in the case are:

· April 2025: Lawsuits initiated against 2025 tariffs.

· May 2025: Lower courts (District Court, Court of International Trade) rule tariffs illegal.

· August 2025: Federal Circuit Appeals Court upholds the ruling against the administration.

· September 2025: Supreme Court agrees to hear the cases (No. 24-1287 & 25-250).

· November 5, 2025: Oral arguments held at the Supreme Court.

· February 20, 2026: Supreme Court issues final ruling striking down the tariffs.

It does not take a legal genius, let alone nine of them, to quickly see that at best the questionable presidential tariffs would have extremely consequential effects for the county, both when imposed and when unwound if required. While the Supreme Court in this circumstance did not have original jurisdiction, they should have strongly directed that the case be argued, decided, and, as was obvious from the very start, appealed in the most expedient manner by the lower courts. The Justices and everyone else have seen how the Trump administration delays the day of judgement to the fullest extent possible. In this instance, only a fool would ignore the compounding consequences of delay.

Even in the most expedient of circumstances, the Justices would have had more than ample time to find the precedencies to buttress their individual positions. It is very apparent, at least to me, that the Justices frequently decide a case quickly based on their particular biases, and then it is only a matter of finding the necessary prior cases to support the favored outcome.

In my humble opinion, our entire judicial system needs to be significantly reformed to remove the significant opportunities for abuse and delay it currently provides. Some Convicted Felons take every advantage afforded by the current system to avoid accountability.

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