The courts have no say in emergency declarations. Think about how you run an emergency by judicial fiat instead of by one person the commander-in-chief. The US codes says the recourse to check and balance the presidential power for Emer Dec is by joint resolution of congress. Not law suit.
More soon
Are you certain that Joint Resolution by Congress can undo an Emergency Declaration? You may be right I don’t know the code and IANAL, but it was my impression that Congress passed the law enabling POTUS to declare emergency, and that they cannot go and ‘claw back’ these powers at their whim. They would need to amend the law entirely, which would require POTUS’ signature or a veto-proof majority in Congress.
They have whatever say they can get away with. I said from the very beginning with the Hawaii or Oregon judge first tied up the President, he should inform them they have no authority in the matter. Bath House lawyers here were offended that The President might actually recover his rightful powers under the Constitution.