US President-elect Donald Trump on Friday filed a brief urging the Supreme Court to delay the potential TikTok ban. Trump has asked the Court to pause the ban as he seeks a “political resolution” to the issue. The legal brief filed by Trump says that the President does not take any position on the underlying merits of the dispute, adding that the President-elect, "respectfully requests that the Court consider staying the Act's deadline for divestment of January 19, 2025."
Trump's request comes after the Biden administration filed a brief urging the Court that the statute, which will potentially ban TikTok, is needed to eliminate a national security risk. TikTok has responded with an opposing brief which argues that the court should strike down a law that could ban the platform by Jan 19.
Decoding the change in stance
During his first term, Trump sought to ban TikTok over national security concerns, and the latest development marks a change in stance. During the 2024 presidential campaign, Trump joined TikTok, which he used to connect to young voters, especially male voters. He said earlier this year that he still believed there were national security risks with TikTok, but that he opposed banning it.
Notably, this is not the first instance of Trump inserting himself into matters of national importance before assuming the presidency, as the President-elect has already started to negotiate with other countries over his plans to impose tariffs. He also intervened in a plan to fund the federal government, calling for a bipartisan plan to be rejected and sending Republicans back to the negotiating table.
He has been holding meetings with foreign leaders and business officials at his Mar-a-Lago club in Florida while he assembles his administration, including a meeting last week with TikTok CEO Shou Chew.
The filings Friday come ahead of oral arguments scheduled for Jan 10 on whether the law, which requires TikTok to divest from its China-based parent company or face a ban, unlawfully restricts speech in violation of the First Amendment.
Biden seeks to ban TikTok
The law was signed by President Joe Biden in April after it passed Congress with broad bipartisan support. TikTok and ByteDance filed a legal challenge afterwards.
Earlier this month, a panel of three federal judges on the US Court of Appeals for the District of Columbia Circuit unanimously upheld the statute, leading TikTok to appeal the case to the Supreme Court.
The brief from Trump said he opposes banning TikTok at this junction and “seeks the ability to resolve the issues at hand through political means once he takes office”.
In their brief to the Supreme Court on Friday, attorneys for TikTok and its parent company ByteDance argued the federal appeals court erred in its ruling and based its decision on “alleged risks' that China could exercise control” over TikTok's US platform by pressuring its foreign affiliates.
The Biden administration has argued in court that TikTok poses a national security risk due to its connections to China.
(With agency inputs)
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