[bigbadfeline]

> Otherwise it’s the same as just leaving the illegal tax in effect.

The SCOTUS didn't say that in their decision. No matter how you call it, the tariffs were found in breach with simple law passed by Congress - that is, the undoing of tariffs can be legislated by Congress and it can take any shape they like - it will be legal. Anyway, fine-tuning this is a waste of time, the big problems are elsewhere.

[tptacek]

They don't have to say it in their decision. Their only remit was to determine whether the tax was legal or not. It is not. Lower courts will then hear cases about disbursement of the illegitimate takings; those cases will almost certainly not make it up to the Supreme Court.

The money is getting "returned", at least in some fashion. The parent commenter is right.