Economic Powers & Government Ownership

Tariffs

March 12 - The Trump administration announced on Wednesday that it has initiated investigations under Section 301 of the Trade Act of 1974, which allows the president to issue tariffs to remedy unfair foreign trade practices. (Notice.) (WSJ.)
March 6 - A coalition of attorneys general from 22 Democratic-led states sued President Trump in the U.S. Court of International Trade over his imposition of tariffs under Section 122 of the Trade Act of 1974. The complaint alleges that “the President lacks inherent authority to impose tariffs, and the President has usurped Congress’s authority by imposing tariffs that violate Section 122.” (Complaint.) (WaPo.)
March 4 - Judge Richard K. Eaton of the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund all tariffs unlawfully collected under the International Emergency Economic Powers Act. (Order.) (NYT.) (WSJ.)
March 3 - The Federal Circuit Court of Appeals on Monday granted appellees motion to immediately issue the mandates following the Supreme Court’s tariff ruling and at the same time denied the government’s request for a stay. (Order.) CBS News reports that the decision will allow proceedings on tariff refunds to move forward in the U.S. Court of International Trade. (CBS.)
Feb. 26 - As of Wednesday, at least 1,800 businesses have begun seeking tariff refunds after the Supreme Court found the Trump administration’s tariffs policy unlawful, according to the Wall Street Journal. (WSJ.)
Feb. 24 - According to the Wall Street Journal, the Trump administration is considering new national security tariffs under Section 232 of the Trade Expansion Act of 1962. The potential measures could target half a dozen industries. (WSJ.)
Feb. 23 - After the U.S. Supreme Court held that the International Emergency Economic Powers Act does not authorize the president to issue tariffs, the Trump administration announced it would pursue alternative tariffs policies, including a 15 percent global tariff under Section 122 of the Trade Act of 1974. (NYT.) Regarding the issue of tariff refunds, U.S. Trade Representative Jamieson Greer said, “we need the court to tell us what to do.” (The Hill.)
Feb. 20 - The Supreme Court in a 6-3 decision ruled that the International Emergency Economic Powers Act does not authorize the president to issue tariffs. The Court affirmed the Federal Circuit’s judgment upholding a decision of the Court of International Trade that set aside President Trump’s five executive orders imposing tariffs under the statute. (Opinion.)
Feb. 12 - The House of Representatives passed a joint resolution on Wednesday to terminate President Trump’s tariffs on Canada.(Joint Resolution.) (NYT.)
Jan. 20 - The U.S. Trade Representative stated that if the Supreme Court rules against Trump’s use of the International Economic Powers Act to impose tariffs, the administration plans to reestablish tariffs almost immediately using other legal authorities. (NYT.)
Jan. 20 - President Trump on Saturday announced that starting Feb. 1, he will impose a 10 percent tariff on eight European nations “until such time as a Deal is reached for the Complete and Total purchase of Greenland.” He stated that the rate will increase to 25 percent on June 1. (Truth Social.) (NYT.) Ilya Somin argued that Trump’s plan to forcibly annex the island is “simultaneously evil, illegal, and counterproductive.” (Volokh Conspiracy.)
Jan. 13 - President Trump on Monday announced that the U.S. will levy a 25 percent tariff on any country doing business with Iran. (WSJ.)
Dec. 15 - Politico reported that the Trump administration is denying requests by importers for tariff refunds and “racing to deposit the money it’s raised from tariffs into the U.S. Treasury,” which would make it more difficult for companies to get refunds for tariffs the Supreme Court may strike down. (Politico.)
Dec. 2 - Costco filed a complaint on Friday against the Trump administration in the Court of International Trade seeking relief from the impending liquidations of IEEPA tariffs “to ensure that its right to a complete refund is not jeopardized.” (Complaint.) (WSJ.)
Nov. 6 - Following oral argument at the Supreme Court yesterday, numerous news outlets reported that a majority of justices had expressed skepticism that President Trump has unilateral authority to impose sweeping tariffs without congressional approval under the International Economic Emergency Powers Act of 1977. (NYT.) (WaPo.) (WSJ.) Jack Goldsmith discussed the arguments with John Guida, noting that key justices posed hard questions to each side, and it still wasn’t clear where they would land—though the major questions doctrine could play a critical role in their decision. (NYT.) Josh Blackman wrote that while the case is close, he believes that ultimately the tariffs will be upheld. (Volokh Conspiracy.)

Industry Entanglements

Anthropic

March 12 - Anthropic on Wednesday asked the D.C. Circuit for a stay pending judicial review of the Defense Department’s designation of the company as a supply-chain risk to national security under 41 U.S.C. § 4713. The company argued that absent “immediate judicial intervention,” the designation “will inflict escalating and irreparable harm on Anthropic and upend the statutory framework Congress enacted to govern supply-chain security determinations.” (Emergency motion.) (Reuters.)
March 11 - The White House is reportedly preparing to issue an executive order that would direct federal agencies to remove Anthropic software from government systems. (Axios.)
March 10 - Anthropic on Monday filed a petition for review in the D.C. Circuit challenging the Department of Defense’s determination that its products pose a supply-chain risk to national security. (Petition for review.) Separately, see yesterday’s Roundup for background on the company’s lawsuit in the Northern District of California.
March 9 - Anthropic on Monday filed a lawsuit against several U.S. government departments and senior officials in the U.S. District Court for the Northern District of California challenging the company’s designation as a supply-chain risk to national security. The complaint alleges that in addition to “immediate economic harms” arising from cancelled government contracts, Anthropic faces reputational costs and a loss of its First Amendment freedoms. (Complaint.) (WSJ.)
March 6 - The Department of Defense on Thursday reportedly notified Anthropic’s leadership that the company had been formally designated a supply-chain risk. (WSJ.)
March 2 - The federal government will stop using Anthropic’s artificial intelligence software and will designate the company a supply-chain risk. The move comes after its CEO clashed with the Pentagon during contract negotiations over guardrails to regulate the military’s use of AI. Anthropic’s competitor, OpenAI, announced Friday that it had reached a deal with the government to use its technology on the military’s classified systems. (WSJ.)
Feb. 27 - Anthropic on Thursday rejected the Pentagon’s demand that the AI company agree to allow the U.S. military to use its technology in all lawful cases. “We cannot in good conscience accede to their request,” Chief Executive Dario Amodei said. (WSJ.)
Feb. 25 - Amid contract negotiations between the Pentagon and AI company Anthropic, Secretary Hegseth reportedly threatened the company that if it does not concede to the Pentagon’s demands by Friday, the Trump administration will label the company a supply chain risk or invoke the Defense Production Act to compel the military’s use of the software. Anthropic has demanded its software not be used to surveil Americans or in autonomous weapons that lack human oversight. For background, see previous Roundups. (NYT.) (WSJ.)
Feb. 24 - Pentagon officials have reportedly summoned Anthropic CEO Dario Amodei to Washington amid a dispute over how the company’s AI can be used on classified military systems. (NYT.)

Miscellaneous

March 9 - The Trump administration this month unveiled its national cybersecurity strategy, which calls on private companies to take on an unprecedented role in cyberwarfare. (Cyber Strategy.) (NYT.)
March 6 - The U.S. Securities and Exchange Commission moved to dismiss its civil fraud lawsuit against crypto billionaire Justin Sun, whose company agreed to pay a $10 million fine to resolve market-manipulation allegations tied to a crypto asset after Sun invested heavily in crypto ventures linked to President Trump. (WSJ.)

Feb. 23 - The New York Times reported that a Detroit-based trucking magnate who operates an existing bridge connecting Windsor, Ontario, and Detroit made a $1 million donation to a super PAC that supports President Trump one month before the president publicly stated he would “not allow” the opening of a competing bridge connecting the regions. (NYT.)
Feb. 23 - President Trump demanded Netflix fire former national security adviser Susan Rice from its board or “pay the consequences” after Rice said in an interview that Democrats should not “forgive or forget” corporations that “bent the knee” to Trump. Trump’s comments, which he made in a Saturday social media post, come as Netflix is seeking to close a $72 billion deal to acquire Warner Bros. Discovery. (WSJ.)
Feb. 19 - The New York Times reported that contract negotiations between the Department of Defense and the artificial intelligence company Anthropic have hit an impasse as the parties disagree over permissible uses of AI in future battlefields. (NYT.)
Jan. 23 - TikTok said Thursday that it had reached a deal with a group of U.S. investors that will allow it to operate lawfully in the United States. (WSJ.)
Jan. 14 - Under new rules published Tuesday by the Trump administration, American technology company Nvidia may export its products to China only after ensuring there is a sufficient supply of AI chips in the U.S. and satisfying additional security requirements. (WSJ.)
Dec. 19 - The New York Times reported Thursday that TikTok announced internally it has signed agreements with three new investors to create an American version of the app as part of a deal to keep TikTok operating in the United States. (NYT.)
Dec. 19 - President Trump’s social media company announced Thursday it has agreed to a merger with a fusion power company known as TAE Technologies that the companies valued at more than $6 billion. The president is the largest shareholder in Trump Media & Technology Group, with a stake in the company worth more than $1 billion. (NYT.)
Dec. 9 - President Trump on Monday said he would allow Nvidia to export its H200 chips to China, adding that the U.S. government will receive a 25% cut of Chinese sales. (WSJ.)
Dec. 8 - President Trump said on Sunday that Netflix’s $72 billion bid to acquire Warner Bros. Discovery streaming and assets “could be a problem” because of market concentration and said he will “be involved in that decision.” (WSJ.) Paramount on Monday launched a hostile bid to buy Warner Bros. Discovery in its entirety while claiming that the Netflix proposal would lead to “a challenging regulatory approval process.” (NYT.) According to a regulatory filing, Jared Kushner’s Affinity Partners, along with sovereign wealth funds from Saudi Arabia, Abu Dhabi, and Qatar, are outside financing partners in Paramount’s bid. (Axios.)
Nov. 25 - The New York Times reports that the Trump administration has committed more than $10 billion in taxpayer funds to acquire minority ownership stakes, or the option to take them, in at least nine private companies in strategic sectors including steel, minerals, nuclear energy, and semiconductors. (NYT.)

Sanctions

Feb. 27 - The family of a U.N. expert filed a lawsuit on Wednesday in the U.S. District Court for the District of Columbia against the Trump administration, contending President Trump unlawfully imposed sanctions against her for advocating for the criminal prosecution of Israeli leaders and international companies involved in the war in Gaza. (Complaint.) (NYT.)
Dec. 19 - President Trump on Thursday signed into law the annual National Defense Authorization Act. The legislation includes provisions that authorize the president to use sanctions to curtail U.S. investment in Chinese companies that develop “dual-use” technologies that have both commercial and military uses. (WSJ.)