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Speaking of those tariff refunds...
Posted on 3/6/26 at 5:13 pm
Posted on 3/6/26 at 5:13 pm
The CIT isnt fooling around. On Wednesday, in Atmus Filtration v. US, , a case seeking tariff refunds, Judge Eaton responded to a motion for injunction by ordering the office of Customs and Border Patrol to begin liquidating all tariffs payments received under the IEEPA tariffs for immediate refund. The Judge's order purports to apply to all tariffs paid by all parties, even those not currently before the Court.
The Judge anticipated the immediate legal objections. He said the CIT had appointed him the Judge for all refund matters. He also says his Order does not violate the "No national.injunctions" rule because the tariffs have to be applied to all parties equally.
DOJ moved for a stay, which the Judge denied.
Today, the DOJ filed a paper stating the CBP cannot comply with the Order. It received about $166 Billion from over 330,000 different parties, and their refund system can't handle the workload.
No doubt this will be appealed to the CAFC. This is moving faster than I thought possible.
court ruling
The Judge anticipated the immediate legal objections. He said the CIT had appointed him the Judge for all refund matters. He also says his Order does not violate the "No national.injunctions" rule because the tariffs have to be applied to all parties equally.
DOJ moved for a stay, which the Judge denied.
Today, the DOJ filed a paper stating the CBP cannot comply with the Order. It received about $166 Billion from over 330,000 different parties, and their refund system can't handle the workload.
No doubt this will be appealed to the CAFC. This is moving faster than I thought possible.
court ruling
This post was edited on 3/6/26 at 5:14 pm
4
Posted on 3/6/26 at 5:16 pm to LawTalkingGuy
Lawfare.
Posted on 3/6/26 at 5:18 pm to LawTalkingGuy
quote:
No doubt this will be appealed to the CAFC. This is moving faster than I thought possible
Whose side are they trying to hurt?
That's why.
You get dribbles from the Epstein files that have been concluded for 12 years, but after a month it's balls-to-the-wall on this garbage.
Posted on 3/6/26 at 7:34 pm to LawTalkingGuy
How much money does the IRS refund every year?
Posted on 3/6/26 at 7:41 pm to LawTalkingGuy
Posted on 3/7/26 at 9:15 am to TigerAxeOK
quote:
You get dribbles from the Epstein files that have been concluded for 12 years, but after a month it's balls-to-the-wall on this garbage.
I dont really see any type of comparison.
I think the CIT is frustrated with the CBP and DOJ over this.
Throughout the litigation the government assured the Courts that if the tariffs were ruled illegal it would refund the money it collected. There was some discussion in the SCOTUS arguments that refunds would be problematic, but still an understanding that refunds would be due.
Judge Eaton is putting their feet to the fire. I love to see Federal Judges use their power to get things done, even if I dont like what they order.
I once had a Federal Judge ban my client from Galveston Island. Pretty sure he didnt have the power to do that, but my client left. It was hilarious.
Judge Eaton has probably gone too far here, and I expect the CAFC to support him, but tell him to dial it down a notch.
I doubt SCOTUS will take up any further appeals on the matter.
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