What’s Next for tariffs
In February the Supreme Court struck down President Trump’s tariffs under the International Emergency Economic Powers Act (IEEPA). While there are situations where the President can set tariffs, the Court found this wasn’t one of them.
This ruling isn’t just a huge win for the Constitution. It’s a huge win for American small businesses, who have been devastated by the past year of tariff whiplash. Small businesses make up 97% of American importers. They are being forced to absorb tariff costs without the scale advantages big businesses have. While IEEPA tariffs might be gone, the damage they caused to Main Street remains.
The Fight isn’t over
After the Supreme Court ruled against the IEEPA tariffs, the administration imposed a 10% tariff on imports under Section 122 of the Trade Act of 1974. The president has less authority under Section 122 than under IEEPA, and Section 122 tariffs can only remain in place for 150 days. Following that, Congress will need to vote to extend them.
The Trump administration has collected over $180 billion in tariff charges from American importers. In early March, the Court of International Trade ordered the government to begin refunding importers, with interest. Litigation will likely continue, but small businesses need a remedy now.
what you can do
Learn about refund bills in Congress. Congress is considering three bills related to tariff refunds. In the Senate, the Tariff Refund Act of 2026 would ensure that Customs and Border Protection (CBP) disburses IEEPA tariff refunds quickly and prioritizes the interests of small businesses in that process. On the House side, H.R.7615 would require CBP to refund tariffs collected under IEEPA. Another House bill, H.R.7636, proposes tariff refund credits for consumers.
Talk tariff impact with the SBA. The Small Business Administration (SBA) set up a hotline for businesses to report burdensome policies. You can use that hotline to tell the SBA about how tariffs have tanked your bottom line and why you need your money back.
Get updates on the tariff refund process. Our partners at Liberty Justice Center want to make sure small business owners get their refunds. Sign up for updates on the process here.
Once you take action, let us know how it goes!
Statement on Supreme Court tariff decision
FOR IMMEDIATE RELEASE
Washington, DC
February 20, 2026
Today’s Supreme Court decision in Learning Resources v. Trump makes clear that the President does not have the authority to unilaterally set tariffs. This decision is a victory for small business owners and the rule of law together. Today’s ruling reaffirms that the power to set tariffs and levy taxes belongs to Congress, and the President cannot invoke emergency powers to unilaterally set tariff rates. Courageous small business led the way for this monumental decision for thousands of small businesses across the country.
"Small businesses need fair, predictable rules to plan, nurture, and grow their companies," says Audrey Roofeh, Founder of Integrity Matters. "But here's what small business owners across America learned the hard way: when presidents have unchecked power to impose tariffs without congressional approval, there are no predictable rules. There's just a presidential power grab. Our democracy demands constitutional limits on power, and the Constitution is unambiguous: only Congress – not the President – has the authority to tax Americans.”
“Every small business owner who's been slammed by these tariffs understands viscerally why the rule of law matters. Because without it, they're defenseless against arbitrary government power that can bankrupt them on a president's say so.
Small businesses lack leverage, cash reserves, and pricing power to weather sudden tariff upheavals. When a president can change the rules overnight without going through Congress, small businesses become collateral damage. While we absolutely support policies that strengthen US manufacturing, the hard truth is that countless small businesses depend on global supply chains for materials that are too expensive or simply don't exist domestically.
“Tariffs were enacted in complete defiance of the law and imposed by presidential decree rather than congressional debate, with zero support or exemptions for small businesses,” according to Lisa Mullan, CEO and founder of Uwila Warrior. “This crushing burden has fallen squarely on founders already operating at the breaking point. We built our businesses believing in American democracy and the rule of law. We believed the Constitution meant something—that Congress controlled taxation, that no single person could upend our businesses on a whim. These tariffs have shown us what happens when constitutional protections fail. I’m grateful that the Supreme Court has recognized this and look forward to remedies that make us whole."
This is about more than trade policy. It's about whether the president has the authority to bypass Congress and impose taxes without authorization. Small businesses cannot survive when a leader has that kind of unchecked authority.
The case will go back to the Court of International Trade. Small businesses will need a remedy.
At Integrity Matters, we're a non-partisan community of small business leaders who believe that democracy isn't just good civics - it's good business. We need predictable policy, transparent contracts, and fair markets to invest, plan, and grow. By organizing together and sharing our real world stories with neighbors, journalists, and government officials, we're building momentum to protect the rule of law and the functioning democracy our businesses depend on.
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