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Texas Businesses Still Pay, Despite Supreme Court Ruling Tariffs Illegal

Source: Politics – Houston Public Media3 min read

Key Takeaways

  • Supreme Court has ruled Trump-era tariffs illegal, but no refunds have been issued to businesses.
  • Texas businesses have paid at least $26 billion in White House-imposed tariffs, bypassing congressional approval.
  • The International Emergency Economic Powers Act (IEEPA) was used to impose some tariffs, raising questions about executive branch authority.
  • Businesses are forced to pay tariffs upfront, incurring loans and interest, further impacting cash flow and profits.
  • The U.S. Treasury has not responded regarding tariff refunds, leaving businesses in legal and financial limbo.
Hey, let's talk about something that's really hitting Texas small businesses hard, even if you haven't seen it directly. It’s been about a year since former President Trump declared "Liberation Day" and slapped tariffs on pretty much all U.S. trading partners through an executive order. The big kicker? The Supreme Court has actually ruled these tariffs illegal. But here’s the rub: even though the highest court in the land said these tariffs aren't lawful, the administration hasn't paid anyone back. And get this – new tariffs are still being put in place. Texas businesses, especially the smaller ones, are really feeling the squeeze. Numbers from the small business advocacy group We Pay the Tariffs show that companies here in Texas have coughed up at least $26 billion in White House-imposed tariffs since March 2025 through January of this year. We're talking tariffs that skipped past Congress completely. Another $13 billion in payments fell under something called the International Emergency Economic Powers Act (IEEPA) within an 11-month stretch ending in January. New trade figures coming out soon are only expected to push those totals higher. This isn't just about money leaving pockets. Dan Anthony, who runs We Pay the Tariffs, put it pretty plainly: the damage goes way beyond what any spreadsheet can show. Businesses haven't been growing or hiring or even coming up with new ideas. They’ve just been trying to survive. Think about it: draining savings, piling on debt, laying off good people, and cutting products just to keep the lights on. This whole situation is taking a real toll on the Texas economy, too. The Federal Reserve Bank of Dallas pointed that out in a study last year. Take Houghton Horns, for example. It’s a musical instrument store near Fort Worth. Kacie Wright, their business manager, says that even if the government paid back all the emergency tariffs tomorrow, it wouldn't fix the damage done. Their online sales are down about 40 percent. Raising prices to cover these tariffs meant losing customers. A refund won't bring that lost revenue back. And it’s more complex than just high prices. Importers have to pay these customs duties up front, before U.S. Customs and Border Protection even lets the goods into the country. Wright's store had to get a bank line of credit and take out loans just to cover those initial payments. So, they’re paying interest on those loans. Even if they get the tariff money back, they’ve still spent money on interest. It’s a bit like a delayed reaction. Smaller stores, like Houghton Horns, had to raise prices quickly because they don't hold a lot of inventory. Bigger companies had more products in stock from before the tariffs hit, so they could keep prices stable for a while. But that older stock is now running out. Wright figures if these tariffs stick around for another year, you'll see prices creep up everywhere as everyone starts importing new, more expensive goods. She says we really need these tariffs to stop now, or prices are just going to get worse for all of us. The U.S. Treasury hasn't commented on when, or even if, these court-ordered refunds will actually show up. This leaves many Texas businesses in a really tough spot, questioning governmental accountability and the executive branch’s power in trade policy.