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(WASHINGTON) — A panel of appeals court judges on Thursday voiced deep skepticism with the Trump administration’s attempt to justify sweeping tariffs based on a national emergency.

As the clock ticks down to President Donald Trump’s Aug. 1 deadline for the resumption of reciprocal tariffs, the U.S. Court of Appeals for the Federal Circuit is hearing arguments Thursday over whether Trump’s sweeping tariffs are lawful.

A group of small businesses and a coalition of states are asking the appeals court to invalidate the bulk of Trump’s tariffs, arguing that Trump overstepped his power when he used a decades-old economic emergency statute to enact a flurry of tariffs in April.

“The President’s chaotic assertion of that purported authority, which changed by the day and wreaked havoc on capital markets and the economy, illustrates both the breadth of powers that the President claims and the danger of unlimited authority in this domain,” the coalition of states argued in their brief to the court.

At the start of Thursday’s hearing, judges on the appeals court panel questioned why Trump is relying on a law that has never been used to justify tariffs, saying that the law itself never mentions the word “tariffs” and voicing concern that the president justifying the unilateral action based on an emergency could amount to “the death knell of the Constitution.”

The hearing comes at a critical time for Trump, as he rushes to complete trade deals ahead of a self-imposed Friday deadline for dozens of reciprocal tariffs to restart. Lawyers for the Trump administration have argued that a court invalidating the tariffs would create a “foreign policy disaster scenario” as trade negotiations remain ongoing.

“To all of my great lawyers who have fought so hard to save our Country, good luck in America’s big case today,” Trump wrote on his social media platform Thursday morning. “If our Country was not able to protect itself by using TARIFFS AGAINST TARIFFS, WE WOULD BE ‘DEAD,’ WITH NO CHANCE OF SURVIVAL OR SUCCESS.”

The legal authority for Trump’s tariffs was thrown into uncertainty in May when the New York-based Court of International Trade ruled that the president did not have the power to unilaterally impose his global “Liberation Day” tariffs, as well as the tariffs on China, Mexico, and Mexico that Trump imposed to combat fentanyl trafficking.

A federal appeals court quickly stayed the Court of International Trade’s decision before it could take effect, while the Trump administration’s appeal worked its way through the courts.

At issue is whether Trump had the authority to enact tariffs without authorization from Congress through the International Emergency Economic Powers Act, which gives the president the power to impose tariffs under an “unusual and extraordinary threat.”

While the Trump administration has argued that the tariffs combat fentanyl trafficking and seek to settle the country’s trade imbalances, the Court of International Trade was unconvinced that the Trump administration demonstrated an “unusual and extraordinary threat” and that those tariffs “deal with the threats.”

In court filings, the Trump administration has argued that court’s decision is “riddled with legal errors” and “would significantly harm the United States if it were to take effect.” They have justified the tariffs by citing the country’s fentanyl crisis and the “grave threats to the United States’ national security and economy” stemming from trade imbalances.

“President Trump has found that America’s exploding trade deficit, the implications of that deficit for our economy and national security, and a fentanyl importation crisis that has claimed thousands of American lives constitute national emergencies,” lawyers with the Department of Justice have argued.

The Trump administration has also argued that invalidating the tariffs would “deprive the United States of a powerful tool for combating systemic distortions in the global trading system, thus allowing other nations to continue to hold American exporters hostage to their unreasonable, discriminatory, and sometimes retaliatory trade policies.”

The group of small businesses and state attorneys general have pushed back against those claims, arguing that the International Emergency Economic Powers Act does not give Trump “unlimited tariff authority” and that he has failed to prove “an unusual and extraordinary threat.”

“The President’s chaotic assertion of that purported authority, which changed by the day and wreaked havoc on capital markets and the economy, illustrates both the breadth of powers that the President claims and the danger of unlimited authority in this domain,” they wrote.

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(DANVILLE, Va.) — The man who allegedly set fire to a Virginia councilman in an apparent personal attack has admitted to the crime, according to court documents.

Shotsie Michael Buck-Hayes allegedly confronted Danville City Councilman Lee Vogler, 38, at his office at Showcase Magazine on Wednesday and covered him with a flammable liquid, the Danville Police Department said. Both went outside, where Buck-Hayes allegedly set Vogler on fire, police said.

Police said Vogler was taken to a hospital in unknown condition. A criminal complaint said he suffered from “extreme burns.”

Buck-Hayes, 29, of Danville, fled the scene and was then stopped by officers a few blocks away, according to police.

It appears Vogler and Buck-Hayes know each other “and the attack stems from a personal matter not related to the victim’s position on Danville City Council or any other political affiliation,” police said.

“Vogler advised multiple people” that Buck-Hayes was responsible for the attack, according to the criminal complaint.

During a police interview, Buck-Hayes allegedly admitted to dumping gasoline on Vogler and said “it was his intention to kill Vogler,” the criminal complaint said.

Buck-Hayes was charged with attempted first-degree murder and aggravated malicious wounding, police said.

Vogler, who was elected to the city council in 2012 at the age of 24, also works as the director of sales at Showcase Magazine, where he was attacked.

“We are deeply shocked and saddened by this act of violence,” Showcase Magazine said in a statement. “Our thoughts and prayers are with Lee and his family as he receives medical care. The Showcase Magazine team is fully cooperating with law enforcement as they continue their investigation.”

Buck-Hayes was arraigned on Thursday and is being held without bail. His preliminary hearing is set for Sept. 30. Ed Lavado, an attorney representing Buck-Hayes, declined to comment on the matter when reached by ABC News.

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(MINNEAPOLIS) — Twenty-five people aboard a Delta Air Lines flight, headed from Salt Lake City to Amsterdam, were hospitalized after the flight encountered “significant” turbulence Wednesday, the airline said.

Delta Air Lines Flight 56, with 275 passengers and 13 crew members on board, diverted to Minneapolis-St. Paul and landed safely shortly before 8 p.m. local time. The flight was operating on an Airbus A33-900.

The Minneapolis-St. Paul Fire Department and paramedics responded to the gate to provide initial medical attention, the Metropolitan Airports Commission said.

Leeann Nash, who was on the flight with her husband, told Minneapolis ABC affiliate KSTP that dinner service had just started on the flight when the turbulence came out of nowhere.

“There was actually no warning. It was a very abrupt, hard hit,” Nash said. “If you didn’t have your seat belt on — everyone that didn’t — they hit the ceiling, and then they fell to the ground, and the carts also hit the ceiling and fell to the ground, and people were injured, and it happened several times, so it was really scary.”

The airline said 25 of those on board were taken to the hospital “for evaluation and care.”

“There were glass bottles flying around. And you know, those carts are very heavy, so we were fortunate that we had seat belts on at the time, but we still saw cellphones flying around quite a bit,” Nash added. “But I will hand it to the flight attendants, they were incredibly calm, very well trained and very responsive.”

The Federal Aviation Administration said it is investigating.

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(NEW YORK) — Family, friends and members of the New York City Police Department will come together on Thursday for a funeral for the “hero” officer who was one of four people killed in the Midtown Manhattan mass shooting.

Didarul Islam, a 36-year-old NYPD officer, was off duty and working a security job when he was fatally shot by a gunman who opened fire at the 345 Park Avenue office building on Monday.

Islam, a Bangladeshi immigrant who joined the NYPD four years ago, is survived by his wife, who is eight months pregnant, and two young sons.

“He was doing the job that we asked him to do,” New York Police Commissioner Jessica Tisch said. “He put himself in harm’s way. He made the ultimate sacrifice, shot in cold blood, wearing a uniform that stood for the promise that he made to this city. He died as he lived — a hero.”

“He was the best of who we are,” Senate Minority Leader Chuck Schumer said. “When an NYPD officer is killed doing his duty, it is not just a tragedy — it is a rupture in the soul of our city.”

Islam was assigned to a precinct in the Bronx. He previously worked as a school safety officer, New York ABC station WABC reported.

His funeral will be held on Thursday at Parkchester Jame Masjid, a mosque in the Bronx, WABC said. There will be a series of viewings followed by a prayer service. His internment will be in New Jersey.

“Didarul Islam represented the very best of our department. He was protecting New Yorkers from danger when his life was tragically cut short,” the NYPD said. “We join in prayer during this time of incomprehensible pain. We will forever honor his legacy.”

The other three victims killed on Monday were: Aland Etienne, a security guard for the building; Wesley LePatner, a Blackstone executive who was a wife and mom; and Julia Hyman, a young employee at Rudin Management.

Schumer said Tuesday in a message to the families, “You are not alone. All of New York grieves with you. … The city will carry their memories forward.”

The gunman died by suicide in the building.

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(NEW YORK) — The Interstate 95 corridor from New York City to Washington, D.C., is bracing for dangerous flooding on Thursday.

Heavy storms could lead to rainfall rates of up to 3 inches per hour. Widespread rain totals are forecast to be 1 to 3 inches, but the heaviest storms could bring 5 to 8 inches of rain to isolated areas.

The worst flooding is forecast from D.C. to Baltimore to Philadelphia to northern New Jersey. Damaging winds and some hail are also possible.

The storms could begin as early as 1 p.m. Some of the heaviest rain may fall during the late afternoon rush hour, and the heavy rain could continue well into the evening.

New York City has issued a travel advisory for Thursday and Friday, with a flood watch beginning Thursday afternoon.

“We’re preparing for a serious storm,” Mayor Eric Adams warned on social media Wednesday night. “Avoid traveling tomorrow if you can. Roads may become flooded during the evening commute.”

“Anyone living in a basement at risk for flooding should move to higher ground early,” he said. “Don’t wait until flooding begins.”

And in the West, residents of Ruidoso, New Mexico have endured the fourth flash flood event of the month. The Ruidoso Downs Racetrack overflowed and the Rio Ruidoso river at Hollywood crested at 9.4 feet.

More downpours are possible in the area on Thursday night and Friday night.

Meanwhile, more than 50 million Americans across 11 states are under heat alerts as dangerously high temperatures hit the South.

An extreme heat warning remains in effect for the lower Mississippi River Valley on Thursday. Heat indices — what temperature it feels like with humidity — could reach 110 to 120 degrees in Tennessee, Arkansas, Louisiana and Mississippi.

Over the weekend, the Southwest will feel the heat. In Arizona, Phoenix and Tucson are under extreme heat warnings as temperatures without humidity could reach 105 to 114 degrees.

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(LITTLE ROCK, Ark.) — A suspect has been arrested in connection with a double homicide at an Arkansas park, after a married couple was found dead on a walking trail over the weekend, authorities said.

James Andrew McGann, 28, of Springdale, Arkansas, was arrested Wednesday and charged with two counts of capital murder in the killings of 43-year-old Clinton David Brink and his wife, 41-year-old Cristen Amanda Brink, Arkansas State Police announced Wednesday evening.

The Brinks were “fatally attacked” while out hiking with their two daughters at Devil’s Den State Park on July 26, police said. The children, ages 7 and 9, were not harmed in the incident.

McGann was arrested shortly before 5 p.m. local time at a business in Springdale, about 30 miles north of the park, state police said. At a news conference Wednesday night, an official said the business McGann was arrested at was a hair salon.

The official said McGann had recently moved to the area from Oklahoma and had been hired to work at a local school.

Asked about a motive, investigators declined to comment, saying the case is still active and that it would be premature to do so.

“Our entire state is grieving for the tragic loss and senseless and horrific crime that’s taken place,” Arkansas Gov. Sarah Huckabee Sanders said, adding, “One of the worst experiences that certainly I’ve ever had was making a phone call to the Brink family earlier this week. Nothing like that should ever have taken place.”

Police previously said the suspect was seen leaving the area of the park in a black, four-door sedan, possibly a Mazda, with a license plate covered by tape, police said.

Arkansas State Police had released a composite sketch and photo from behind of a man who was seen in Devil’s Den State Park on Saturday, the day of the killings. Police asked for the public’s help in identifying the man, who they said was wanted for questioning in connection with the double homicide.

The FBI assisted Arkansas State Police with its investigation “by providing additional manpower and specialized resources.”

Police have not yet revealed how the Brinks were killed.

The Brinks had recently moved to Prairie Grove from another state, police said.

The children are safe and in the custody of relatives, according to police.

All trails at Devil’s Den State Park, which were closed following the killings, will remain closed for now, Arkansas Secretary of Parks Shay Lewis said.

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