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On February 10, 2025, Scott Watnik and T. Jackson Brake filed an amicus brief in the United States Court of Appeals for the District of Columbia on behalf of fourteen former distinguished United States intelligence and military officials, relating to President Biden’s order blocking the merger between United States Steel Corporation and Nippon Steel Corporation, pursuant to Section 721 of the Defense Production Act of 1950 (50 U.S.C § 4565). Our amicus brief is in support of U.S. Steel’s and Nippon Steel’s petition, filed before the Court of Appeals on January 6, 2025, to vacate and enjoin President Biden’s blocking order. On behalf of the amici group, our brief argued that the President’s blocking order failed to follow the mandatory statutory requirements, including the requirements relating to the review process of The Committee on Foreign Investment in the United States (CFIUS). A copy of the amicus brief can be found here. The Court of Appeals has not yet issued its decision.
