Democratic-led states and U.S. businesses challenging tariffs in court argue that IEEPA does not cover tariffs, and that Congress has authority over tariffs and taxes.

Donato concluded Trump's order retaliated against unions deemed critical of the president and that had sued over his efforts to overhaul the government, including the mass firings of agency employees, violating their right to free speech under the U.S. Constitution's First Amendment.

U.S. President Donald Trump's order restricting birthright citizenship appeared on Friday to be headed toward being declared unconstitutional by a second federal appeals court, as judges expressed deep skepticism about a key piece of his hardline immigration agenda.