Trump Urges Supreme Court to Delay TikTok Ban Pending His Administration’s Review “`
President-elect Trump petitioned the Supreme Court on Friday to temporarily halt the potential TikTok ban until his incoming administration can explore a political solution.
This request followed opposing briefs submitted to the court by TikTok and the Biden administration. TikTok argued for the law’s dismissal, citing its potential to ban the platform by January 19, 2025. The government countered, maintaining the law’s necessity to mitigate national security risks.
Trump’s amicus brief, authored by his solicitor general nominee, D. John Sauer, stated that he takes no stance on the case’s merits but requests a delay of the January 19, 2025 divestment deadline while the court deliberates.
Trump’s intervention exemplifies his pre-inauguration involvement in national affairs. He’s already engaged in tariff negotiations and recently intervened in federal funding discussions, urging rejection of a bipartisan plan.
He’s been meeting with foreign leaders and business executives at Mar-a-Lago, including a recent meeting with TikTok CEO Shou Chew, while assembling his administration.
Trump’s stance on TikTok has shifted. Initially attempting a ban during his first term due to national security concerns, he later joined the platform during his 2024 campaign, utilizing it to connect with younger, particularly male, voters through viral, often macho content.
While acknowledging lingering national security concerns earlier this year, he expressed opposition to a ban.
Friday’s filings precede January 10 oral arguments on the law’s constitutionality. The law mandates TikTok divest from its Chinese parent company or face a ban, and it was challenged by TikTok and ByteDance after President Biden signed it into law in April following bipartisan congressional approval.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit recently upheld the statute, prompting TikTok’s Supreme Court appeal.
Trump’s brief opposes a current ban, advocating for a political resolution upon assuming office.
TikTok and ByteDance’s brief argued that the appeals court’s ruling wrongly relied on “alleged ‘risks’ that China could exercise control” over TikTok’s U.S. operations through its foreign affiliates.
The Biden administration maintains that TikTok’s ties to China pose a national security risk, alleging potential Chinese government coercion for data access or information manipulation via the platform.
However, TikTok’s filing noted the government’s lack of evidence of such Chinese actions, framing U.S. concerns as speculative future risks.
The Biden administration’s filing emphasized the inherent risk associated with TikTok’s corporate structure, citing its integration with ByteDance and reliance on its China-based proprietary engine.
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