Comment by tptacek
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.
Your mistake is assuming I'm thinking about any sort of legal definition. Adversarial nature doesn't require or government to declare it for it to exist.