President-elect Donald Trump has urged the Supreme Court to delay the implementation of a potential TikTok ban, currently slated to take effect the day before his inauguration. The court has already agreed to hear TikTok’s legal challenge to the ban on an expedited basis, but Trump argues the issue could be resolved politically once he takes office.
D. John Sauer, Trump’s personal appellate attorney and nominee for U.S. solicitor general, emphasized the president-elect’s unique qualifications to address the matter. "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 legal brief.
The law in question requires TikTok’s Chinese parent company, ByteDance, to divest from the app or face a U.S. ban by January 19. While Trump opposed the law during his campaign, vowing to "save TikTok," he has yet to detail his plans for the platform’s future.
TikTok, citing Trump’s opposition to the ban, argues the incoming administration’s stance could shift the legal trajectory. CNN reports that Trump recently spoke with TikTok CEO Shou Chew, signaling his ongoing interest in resolving the issue.
Sauer’s brief underscores Trump’s influence as a social media figure and highlights his ability to broker complex deals. The brief describes Trump as "one of the most powerful, prolific, and influential users of social media in history," referencing his platform, Truth Social, and past policy successes.
The Supreme Court is set to hear oral arguments on TikTok’s First Amendment challenge on January 10, giving justices an opportunity to intervene before the ban’s deadline. Trump has taken no formal stance on the constitutional question but acknowledged it as a "historically challenging" issue.
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