25 February 2026

US Supreme Court rules that Trump's Tariffs are Illegal. What now for Swiss firms?

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The article addresses the landmark US Supreme Court decision rendering Trump's tariffs illegal and opening the way for corrections and reimbursements for Swiss firms.

  • Raphael Brunner

    Legal Partner

  • Maura Décosterd

    Senior Legal Associate

The cornerstone of the American system of government is the principle of separation of powers. A federal constitutional republic, abiding by the rule of law, the United States has historically and in modern days ascribed deep significance to the independence of the three co-equal branches of government. Checks and balances are built-in the system to ensure that no branch overreaches its power, that mutual control is exercised and that the citizenry’s freedoms are protected from abuse.

One way of disturbing this delicate balance of powers is through monarchical overreach. A notorious example of this are the Bush-era executive orders and directives meant to by-pass Congress, and in certain cases either violated established laws or tenets of the U.S. Constitution itself. That instance of overreach was met with judicial review, and the balance of powers was re-established, post factum.

Recently, we have witnessed the same brand of monarchical overreach when it comes to the Trump-era tariffs, the imposition of which exceeded presidential authority, as the Supreme Court of the United States has just ruled (Learning Resources, Inc., et al. V. Trump, President of the United States, et al on February 20, 2026).

Fans of judicial review rejoice, from a purely theoretical standpoint, but in practice, many Swiss firms that have borne the brunt (either directly or indirectly) of these illegal tariffs can now take action to redress the economic damages they suffered.

The path towards corrections and reimbursements is long, but the outcome can almost be guaranteed insofar as the US Supreme Court’s decision is final: the imposition and collection of Trump tariffs based on IEEPA is illegal, therefore null and void ab initio.

What is the course of action that Swiss firms can take specifically?

The key is understanding the exact steps in the administrative recourse process that the US Customs and Border Patrol oversees, in order to adopt the strategy that is most likely to result in a correction of wrongfully perceived tariffs.

Swiss firms that exported goods to the US under the illegal tariffs must first ensure that they have access to accurate data from the importers resp. importers of record on the respective imports, allowing them to engage in the administrative appeal process, at the correct time and with the correct administrative form, before even considering bringing any lawsuits.

The Swiss economy as a whole has suffered due to these illegal tariffs, and MME stands ready to support righting this wrong. Due to our longstanding cooperation with resourceful and effective U.S law firms, we are at a vantage point for providing swift and immediate advice.

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