It’s fine now so griping about it is moot and academic.
More like the situation if the President does indeed lift the “State of National Emergency” proclamation by Saturday. The oral arguments set by the Supreme Court for next Tuesday may become so.
Just like in the case of a “state of rebellion.”
Curiously, however, the Supreme Court, declared in that case that, it can review the sufficiency of the factual basis to declare a state of rebellion, despite being moot and academic. What more a state of national emergency?