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President-elect Donald Trump requested that the Supreme Court postpone an enforcement rule that would outlaw TikTok in the United States on Jan. 19 if the Chinese parent company does not sell the app. The U.S. apex court is scheduled to hear arguments in the case on January 10.
D. John Sauer, Trump’s attorney and the president-elect’s choice for U.S. solicitor general wrote, “President Trump takes no position on the underlying merits of this dispute.” This will allow President Trump’s incoming Administration to attempt a political settlement of the case’s issues.
The Protecting Americans from Foreign Adversary Controlled Applications Act, a bipartisan bill passed by Congress and signed into law by President Joe Biden in April, is the law at the center of the lawsuit.
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The court expedited the briefing and oral argument schedule after deciding to hear the case earlier this month. Nevertheless, the court denied TikTok’s request to halt the ban’s implementation, giving it only nine days following oral arguments to either issue an opinion or permanently block the law. Trump—who attempted to ban TikTok in 2020 but was blocked by the courts—said he could enact a political solution before the court’s decision.
The Justice Department and TikTok also filed briefs in the case, primarily restating their arguments before the U.S District of Columbia Circuit Court of Appeals.
The government’s national security arguments for prohibiting the app, such as worries that the Chinese government might obtain user data and alter app content, were deemed valid by the court, which upheld the law.
The Chinese government denied claims that TikTok is a security risk to the world’s largest economy. The Justice Department defended the law in its Friday court filing citing national security concerns that the Chinese government might exert influence over the company. TikTok argued in its brief against the law, claiming that a ban on the app would infringe upon First Amendment rights to free speech.
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