If Bytedance was violating U.S. laws a “ban” would not be necessary to prevent them from continuing to do so. The executive order is based on a concrete factual assertion: “the spread in the United States of mobile applications developed and owned by companies in the People’s Republic of China (China) continues to threaten the national security, foreign policy, and economy of the United States” [1]. The injunction we are discussing results from a challenge to that assertion.

[1] https://www.whitehouse.gov/presidential-actions/executive-or...