The US is treating this as a political negotiation rather than a legal impasse. The European Commission doesn't want to be seen as being obstructionist when it

The US is treating this as a political negotiation rather than a legal impasse. The European Commission doesn't want to be seen as being obstructionist when it comes to trade. There is zero chance this would stand up if it was taken to the European Court of Justice, they'd laugh it out of the room just like they did with Safe Harbor.