The case turns on the fact that China is formally designated a foreign adversary. The statute doesn't allow the government to simply make up who its adversaries are on the fly, or derive them from some fixed set of first principles. There's a list, and it long predates this case.
alt Hacker News
The case turns on the fact that China is formally designated a foreign adversary. The statute doesn't allow the government to simply make up who its adversaries are on the fly, or derive them from some fixed set of first principles. There's a list, and it long predates this case.