Scott Bessent Criticizes FedEx Tariff Refund Lawsuit

By: Paul Goldberg, Senior Business Correspondent | LGBT Business Finance News

WASHINGTON, D.C. — (February 26, 2026) — Openly gay U.S. Treasury Secretary Scott Bessent is publicly criticizing a lawsuit filed by FedEx seeking refunds for billions of dollars in import duties ruled unconstitutional by the Supreme Court of the United States.

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The lawsuit, filed in the U.S. Court of International Trade, challenges tariffs imposed under the International Emergency Economic Powers Act (IEEPA). In a 6–3 ruling, the Supreme Court determined that former President Donald Trump exceeded executive authority in applying those tariffs under IEEPA.

The decision potentially places billions in collected tariff revenue at issue, triggering refund claims from major corporations, including FedEx.

The FedEx Lawsuit Explained

FedEx filed suit against U.S. Customs and Border Protection (CBP), arguing that it suffered financial injury due to tariffs later deemed invalid by the Court. The company is seeking what it calls a “full refund” of duties collected under the now-rejected legal framework.

According to company statements, FedEx has pledged that if refunds are issued, the funds will be returned to the shippers and customers who originally paid the charges.

However, the scale of potential repayments remains unclear, with total tariff revenue under IEEPA reaching into the multi-billion-dollar range.

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Bessent Pushes Back

Secretary Bessent questioned the mechanics behind FedEx’s pledge to return funds to customers.

“If those costs were already passed on,” Bessent reportedly suggested, “how does the company ensure that refunds will reach the original payers?”

Bessent also raised concerns about broader corporate governance questions, referencing FedEx CEO Raj Subramaniam’s role within the U.S.-China Business Council — signaling the administration’s scrutiny of corporate trade relationships amid heightened geopolitical tensions.

While sharply critical of the lawsuit’s premise, Bessent confirmed that the Treasury Department will comply fully with the Supreme Court’s final ruling.

Why This Matters

The ruling represents a significant moment in executive power, trade policy and constitutional law. The Court’s 6–3 decision narrows the scope of presidential authority under IEEPA and may shape how future administrations approach emergency-based trade actions.

For the LGBTQ community, Bessent’s role is also notable. As one of the highest-ranking openly gay officials in U.S. history, his leadership in navigating complex trade and constitutional disputes reflects the continued expansion of LGBTQ representation at the highest levels of federal government.

The case now moves forward in the U.S. Court of International Trade, where refund mechanics, corporate liability and consumer reimbursement questions are expected to dominate proceedings.

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