Trump rebukes Gorsuch and Barrett over $159 billion tariff refund ruling

 May 10, 2026

President Donald Trump issued a pointed rebuke Saturday of two Supreme Court justices he appointed, Neil Gorsuch and Amy Coney Barrett, accusing them of siding against his administration and the country on tariffs in a ruling that he said will force the United States to repay $159 billion in collected duties.

The criticism, delivered in a lengthy public statement, marks one of the sharpest rebukes a sitting president has aimed at his own judicial appointees. Trump did not stop at tariffs. He warned that an upcoming Supreme Court ruling on birthright citizenship could compound the economic damage if the court again rules against his position.

As Just the News reported, Trump singled out both justices by name, saying they had sided against his administration's trade agenda in recent decisions that he described as a "catastrophe."

Trump's frustration with his own appointees

Trump's statement left no room for ambiguity about his displeasure. He praised both justices personally, then drew a hard line on their votes.

"I 'Love' Justice Neil Gorsuch! He's a really smart and good man, but he voted against me, and our Country, on Tariffs."

He continued in the same vein about Barrett:

"I have, likewise, always liked and respected Amy Coney Barrett, but the same thing with her."

The president then sharpened his point, saying the two justices "were appointed by me, and yet have hurt our Country so badly." He argued the court could have included a single sentence in its ruling allowing the government to keep tariff revenue already collected, rather than ordering repayment.

That frustration has surfaced publicly before. In separate remarks, Trump put it bluntly, as the Washington Examiner reported: "All they had to do was add one sentence, just one sentence, and that's you don't have to pay anything taken in thus far back, but because they didn't add... we have to pay back $165 billion." He added: "So, I'm not happy with the Supreme Court, I'll be honest with you."

The ruling and its price tag

The Supreme Court ruled 6-3 on February 20 that Trump exceeded his constitutional authority by imposing tariffs under the International Emergency Economic Powers Act, finding that the president had usurped Congress's tax-setting role. The decision struck at the legal foundation of tariffs Trump had imposed beginning the previous April.

The financial fallout is staggering. U.S. Customs and Border Protection said more than 330,000 importers paid roughly $166 billion across more than 53 million shipments under the now-invalidated tariffs, as Breitbart reported. The Penn Wharton Budget Model has estimated total refund liability could reach approximately $175 billion.

That tension between the Supreme Court and the executive branch has only intensified in recent months. Chief Justice Roberts has pushed back on claims the Supreme Court is a political body, but Trump's statement Saturday made clear he sees the tariff decision in exactly those terms.

Judge Richard Eaton of the U.S. Court of International Trade followed the Supreme Court's lead, ruling that "all importers of record" were "entitled to benefit" from the decision. Eaton wrote that he alone "will hear cases pertaining to the refund of IEEPA duties," centralizing the refund litigation in his courtroom, AP News reported.

Refunds begin flowing

The Trump administration launched a new Customs system called CAPE to begin processing refund claims. CBP's refund portal opened April 20, and by April 26, more than 75,000 claims had already been filed. The administration expected to begin issuing the first refunds around May 11, with eligible claims processed within 60 to 90 days after submission, Fox News reported.

Judge Eaton said the government had approved refunds for about 21% of import entries subject to the tariffs. But the process has drawn criticism from businesses that say a months-long timeline does not solve their immediate cash-flow problems.

Brad Jackson, co-founder of After Action Cigars, captured the frustration of small importers: "A refund process that takes several months to complete doesn't solve the cash flow problem that it is supposed to fix."

The stakes are large enough to move corporate balance sheets. The New York Post reported that General Motors alone expects about $500 million in tariff refunds. Trump added a layer of political pressure by saying he would "remember" companies that did not apply for refunds, a remark that puts businesses in a bind between shareholder obligations and political considerations.

The broader clash between the presidency and the judiciary over trade policy is not limited to this single ruling. A federal trade court separately struck down Trump's replacement global tariffs and issued a permanent injunction, adding another legal setback to the administration's trade agenda.

Court-packing rhetoric and the birthright citizenship warning

Trump's statement went beyond policy disagreement. He turned the Democrats' own court-packing rhetoric back on them, arguing that with justices like Gorsuch and Barrett ruling against his administration, the left no longer needs to expand the bench.

"With certain Republican Nominated Justices that we have on the Supreme Court, the Democrats don't really need to 'PACK THE COURT' any longer. In fact, I should be the one wanting to PACK THE COURT!"

The line is striking coming from a president who reshaped the court with three appointments. It signals deep frustration, not with the institution itself, but with specific outcomes he views as legally avoidable and economically destructive.

Trump also warned that the court may be poised to deliver another adverse ruling on birthright citizenship, a case that could further reshape immigration enforcement. He framed the stakes in economic terms:

"A negative ruling on Birthright Citizenship, on top of the recent Supreme Court Tariff catastrophe, is not Economically sustainable for the United States of America!"

He accused foreign nations of "ripping us off" and argued that the tariff repayments, combined with a potential loss on birthright citizenship, would compound the financial burden on American taxpayers.

Tensions between the public and the judiciary have manifested in troubling ways beyond policy disputes. A North Carolina man recently pleaded guilty to doxing a Supreme Court justice and threatening multiple members of the bench, a reminder that heated political rhetoric around the court carries real-world consequences.

Tariffs remain central despite the ruling

Despite the Supreme Court's decision, trade experts say the administration has not abandoned tariffs as a policy tool. Reed Smith partner Michael Lowell told Fox News that the administration quickly moved to impose new tariffs under Section 122 of the Trade Act after the IEEPA tariffs fell. "Tariffs are not going anywhere. That's clear. It's a central component of the administration's economic and trade policy," Lowell said.

He added: "The administration has tools available to it that it is actively using to impose tariffs on certain imports from certain countries."

That legal pivot shows the administration adapting to the court's ruling rather than accepting defeat on trade. But the $159 billion to $175 billion in refund liability remains a concrete cost, money that was collected, spent into the Treasury, and must now be returned.

Trump's willingness to confront his own appointees publicly reflects a broader pattern in which the president treats judicial outcomes as part of the political landscape, not a separate sphere. Whether that approach pressures future rulings or simply vents frustration is an open question. The administration's ongoing legal battles heading toward the Supreme Court suggest this tension is far from resolved.

What remains unanswered

Several questions hang over this story. The exact scope and timeline of refund processing remain unclear, with only 21% of eligible entries approved so far and tens of thousands of claims still pending. The birthright citizenship case Trump referenced has not yet been decided, and its outcome could reshape both immigration enforcement and the political dynamic between the president and the court.

The 6-3 tariff ruling means at least two justices Trump did not appoint also voted against the administration's position, but Trump chose to focus his public criticism on Gorsuch and Barrett, the appointees he expected to side with him.

That expectation, that judicial appointees owe loyalty to the president who nominated them, sits uneasily with conservative legal principles about judicial independence. But Trump's frustration is not abstract. It comes with a $159 billion invoice, payable to the importers who bore the cost of tariffs the court said the president had no authority to impose.

When the bill for a policy loss lands on the taxpayer's desk, the argument stops being theoretical. Someone has to write the check.


About Tim Harrison

Breaking News:

Check This Out:

Read Next Issue:

Top 5 News Stories

Read Next Issue:

Top 5 News Stories

Heritage Review is a conservative email-newspaper that publishes every morning. Enter your best email to see our next edition:
Sponsored