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Taking the Case

The legal challenge began over brunch with a visiting relative whose former law professor was mounting a lawsuit against the tariffs. Within a week, Schwartz was in touch with the Liberty Justice Center, which asked him to serve as lead plaintiff.

Sara Albrecht, who runs the center, said Schwartz’s business was strategically ideal: he imports from enough countries that the case would retain legal standing even if tariffs were lifted for one nation, and his circumstances made the constitutional argument clear. “The administration promised tariffs would bring manufacturing back to the U.S.,” she said. “How do you manufacture Spanish wine in the United States? You can’t.”

The case moved rapidly through the Court of International Trade and the Federal Circuit, reaching the Supreme Court on an expedited timeline. Schwartz attended all hearings, including the oral arguments in the Court chamber, noting the gravity of the courtroom’s architecture and procedure.

When the ruling was finally announced on Feb. 20, Schwartz was at home with his daughter, Chloe, on a Zoom call with the legal team. As Chief Justice Roberts read the opinion, they leaned in, parsing every word before realizing they had won. Schwartz celebrated despite a scheduled hip replacement. The following night, he marked the victory with his family and a long-held bottle of Domaine du Banneret Châteauneuf-du-Pape.

What the Ruling Means — and Doesn’t

While the Court’s decision was sweeping, confusion remains. Businesses are scrambling to determine eligibility for refunds, required documentation, and timelines. The Court of International Trade, which typically handles 50–60 tariff cases a year, has received more than 900 since the ruling.

The Trump administration’s replacement tariffs — Section 122 — are more predictable and include procedures for compliance, but they still represent a 15% cost increase and are set to expire after 150 days unless Congress intervenes.

Trump has indicated that disputes over refunds may take years to resolve, and the Liberty Justice Center has filed motions seeking an expedited process.

Schwartz’s phone has been ringing constantly, from media outlets to supporters. His daughter Chloe wrote that he “rose to the occasion when so many more powerful people were intimidated by the administration.”

Albrecht notes that larger corporations remain quiet while lining up for potential refunds. She likens the small-business plaintiffs to the Founding Fathers — everyday businesspeople standing up for constitutional principles.

Schwartz, meanwhile, keeps a grounded perspective. The victory is significant, he said, but it is just the beginning.

“We’ve shown that there are limits,” he said. “The president isn’t a king. He doesn’t have absolute authority.”