Ridgewood NJ, President-elect Donald Trump has taken a significant step in the ongoing battle over TikTok’s future in the United States. With a potential ban on the popular social media platform looming, Trump has asked the Supreme Court to delay the enforcement deadline, currently set for the day before his inauguration.
The Supreme Court has already agreed to hear TikTok’s challenge to the proposed ban on an expedited basis, but Trump’s legal team argues that delaying the decision until after his return to the White House could render further legal proceedings unnecessary
Trump’s Deal-Making Vision for TikTok
D. John Sauer, one of Trump’s appellate attorneys and his nominee for U.S. Solicitor General, underscored the president-elect’s unique ability to broker a resolution.
“President Trump alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns,” Sauer wrote in a filing to the justices.
Sauer further emphasized Trump’s commitment to resolving the issue through political means, rather than an outright ban. During his campaign, Trump opposed the legislation that would force TikTok’s China-based parent company, ByteDance, to divest from the app or face a ban, vowing instead to “save TikTok.”
TikTok’s Legal Argument
TikTok has highlighted Trump’s public sympathies in its legal arguments, pointing to his potential role in shifting the trajectory of the dispute once in office. The platform has framed the issue as a First Amendment challenge, with oral arguments before the Supreme Court scheduled for January 10, ahead of the potential January 19 ban deadline.
In its brief, TikTok described Trump as “one of the most powerful, prolific, and influential users of social media in history,” noting his leadership on platforms like Truth Social and his track record of policy achievements through strategic negotiations.
What’s at Stake
The law in question requires ByteDance to divest from TikTok to address national security concerns, specifically fears that U.S. user data could be accessed by the Chinese government. The Biden administration had supported the measure, emphasizing the need to protect national security.
However, Trump’s filing reflects a shift in approach. His legal team has argued that the issue of national security can be addressed without banning the app outright, allowing TikTok to continue operating while safeguarding U.S. interests.
Trump’s Unique Position
In his court filing, Trump refrained from taking a position on the First Amendment merits of TikTok’s challenge but acknowledged the complexity of the legal questions involved.
Sauer’s filing praised Trump’s record as a dealmaker and emphasized his ability to balance national security concerns with protecting the app’s place in American culture.
“President Trump’s first term was highlighted by a series of policy triumphs achieved through historic deals, and he has a great prospect of success in this latest national security and foreign policy endeavor,” Sauer wrote.
The Road Ahead
The Supreme Court’s decision on whether to delay the enforcement deadline will set the stage for a critical legal and political showdown. With Trump’s inauguration looming, the future of TikTok in the U.S. hangs in the balance.
As the new administration takes office, all eyes will be on Trump’s strategy to address the complex interplay of national security, free speech, and digital innovation.
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