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September 15, 2025

Supreme Court Agrees to Expedited Review of IEEPA Cases; President Trump Threatens to Launch a Section 301 Investigation on the EU

Supreme Court Agrees to Expedited Review of IEEPA Cases: On Sept. 9, the Supreme Court agreed to an expedited review of two cases on tariffs imposed under the International Emergency Economic Powers Act (IEEPA). Legal briefs on the merits of the case will be due beginning Sept. 19, and the court will schedule oral argument for early November. The court’s order consolidates two separate challenges to IEEPA-based tariffs: Trump v. V.O.S. Selections and Learning Resources v. Trump. By consolidating the two cases, the court will consider the validity of the IEEPA-based tariffs and which federal courts have jurisdiction over IEEPA-related cases.
 
The government must file its first brief on the merits by Sept. 19, and the challengers will file their response briefs by Oct. 20. The government will then have an opportunity to file a reply brief by Oct. 30. The court will schedule oral arguments for the “first week of the November 2025 argument session,” which begins Nov. 3.
 
President Trump’s IEEPA-based tariffs will remain in effect as the case moves forward.

U.S. and India Reengage on Trade: On Sept. 9, President Trump released a social media statement, announcing that the United States will be “continuing negotiations” with India to “address the trade barriers between our two nations.” In recent weeks, U.S.-India trade relations have shown signs of strain. Once considered a leading candidate for an early bilateral trade agreement, India now faces a 50% tariff on goods due to President Trump’s concerns about the nation’s extensive trade barriers and purchases of Russian oil and military equipment. However, in the post, President Trump described Indian Prime Minister Narendra Modi as a “very good friend” and expressed optimism about them meeting in the next few weeks to negotiate. Prime Minister Modi reiterated the strong relationship between the two nations and described the United States and India as “natural partners.”
 
Despite this positive development, the path forward for a U.S.-India trade agreement remains uncertain. India has defended its purchases of Russian oil and has shown no signs of curtailing its trade relationship with Russia. Meanwhile, U.S. officials have insisted that India must halt these oil imports as a prerequisite for any deal. On Sept. 10, Commerce Secretary Howard Lutnick told CNBC that “we’re going to sort out India. India basically has to open their market, has to stop buying Russian oil" to achieve a deal.

President Trump Threatens to Launch a Section 301 Investigation on the EU: On Sept. 5, President Trump released a social media statement, threatening to launch an investigation into the European Union (EU) under Section 301 of the Trade Act of 1974. The statement follows the European Commission’s announcement that it would levy a $3.5 billion fine on Google. The commission alleges that Google violated the EU’s antitrust regulations by favoring its own online display advertising services over those of competing providers. President Trump criticized the commission’s action, stating, “We cannot let this happen to brilliant and unprecedented American Ingenuity and, if it does, I will be forced to start a Section 301 proceeding to nullify the unfair penalties.”
 
Section 301 grants expansive authority to the U.S. Trade Representative (USTR) to investigate and then remedy “unfair” trade practices, including by way of tariffs. The Trump administration has maintained that the EU’s digital services regulations disproportionately burden American companies. However, the EU has defended its right to institute regulations as it sees fit and rejected allegations that the EU has treated U.S. companies unfairly. A Section 301 investigation, and the potential threat of additional tariffs, could complicate efforts by U.S. and EU negotiators to implement the trade framework they announced on July 27.

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