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A secondary market for tariff refund claims saw prices leap from 25 to 52 cents on the dollar immediately after the Supreme Court ruling. This reflects a rapid repricing of legal risk, with some CEOs now considering selling their claims for 70 cents.
Despite a Supreme Court ruling against the president's broad reciprocal tariffs, the administration is expected to re-impose them using more targeted, sector-specific legal authorities. This means economic relief from lower tariffs will be short-lived, as the underlying protectionist policy stance remains.
The Supreme Court's ruling requires refunding over $100 billion in illegally collected tariffs to companies. If processed quickly, this massive cash injection into the economy could act as a pre-midterm stimulus, ironically providing a potential political benefit to the Trump administration despite its legal defeat.
Should the administration lose the Supreme Court case, it might shift to product-specific tariffs. This transition could introduce short-term market volatility, as the administration might initially propose high tariff levels as a negotiating tactic before settling on lower, more palatable rates.
A contrarian investment opportunity exists in purchasing the legal claims from companies that paid tariffs under the Trump administration. These claims can be bought for 10-15 cents on the dollar, offering a significant return if the Supreme Court deems the tariffs unconstitutional and mandates a full refund from the government.
Despite the Supreme Court striking down his tariff authority under one law, Trump will likely find a new legal justification to continue imposing them. The economic leverage tariffs provide for international negotiations is too valuable for his administration to relinquish, signaling a potential constitutional conflict.
Even if the Supreme Court rules against the administration, it may not change U.S. tariff levels. The executive branch has alternative legal authorities, like Section 301, that it can use to maintain the same tariffs, making a court defeat less of a market-moving event than it appears.
Stocks most affected by tariffs showed a muted reaction to a pending Supreme Court decision. This suggests investors believe the executive branch could use other authorities to maintain tariffs and that any potential refunds from an overturn would take years to materialize, diminishing the news's immediate market impact.
The Supreme Court ruling will trigger two massive waves of litigation. First, hundreds of thousands of companies will sue for refunds on billions in illegally collected tariffs. Second, new tariffs imposed under different authorities will face country-by-country legal challenges, creating a sustained boom for trade lawyers.
While the base case is that the President would replace tariffs struck down by the Supreme Court, there's a growing possibility he won't. The administration could use the ruling as a politically convenient way to reduce tariffs and address voter concerns about affordability without appearing to back down on trade policy.
If tariffs are reduced following a court ruling, companies will experience immediate cost relief. However, these savings are passed to consumers slowly, over two to three quarters. This delay creates a temporary tailwind for corporate profit margins before prices on the shelf fall.