Trump asks Supreme Court to delay TikTok ban before inauguration
President-elect Donald Trump says he wants time to seek a TikTok deal that addresses national-security concerns without banning the app.
By Maya Okafor · Markets Writer
· 2 min read
President-elect Donald Trump has asked the U.S. Supreme Court to delay a federal law that could ban TikTok in the U.S. or force its sale, according to a court filing submitted Friday. For investors watching social media, the request keeps one of the country’s biggest consumer apps, and its 170 million U.S. users, at the center of a high-stakes legal fight.
The law, enacted earlier this year, is aimed at TikTok because of national-security concerns tied to the platform, according to the filing. TikTok’s parent company, ByteDance, is based in Beijing, a fact that has made the app a long-running target for U.S. officials worried about foreign influence and data security.
Trump’s filing asks the justices to put the law on hold before it takes effect one day before he is set to return to the White House on Jan. 20. A pause, often called a stay in court, would delay enforcement while the Supreme Court considers the legal fight. It would not by itself decide whether the law is valid.
Trump wants room to negotiate
John Sauer, whom Trump has selected to serve as solicitor general, made the argument in the Supreme Court brief. The solicitor general is the federal government’s top lawyer before the Supreme Court.
Sauer told the court that the timing of the law would interfere with Trump’s ability to handle U.S. foreign policy once he takes office. He said Trump wants a chance to seek a negotiated outcome that would address national-security concerns while keeping TikTok available in the U.S.
The brief also framed TikTok as a major speech platform. Sauer said the app is used by 170 million Americans and described it as a popular place for people in the U.S. to exercise First Amendment rights.
The position marks a shift from Trump’s first term, when he tried to ban TikTok. He has since said he opposes a ban, according to MarketWatch.
What the court is weighing
The Supreme Court is expected to rule on the law, which puts TikTok in a forced-choice position: separate from ByteDance or face a U.S. ban. That structure is why the case matters beyond TikTok itself. It sits at the intersection of national security, foreign policy, free speech and control over a social-media platform with a large American audience.
The filing does not settle those issues. It asks the court to slow the clock so the incoming administration can try to reach a resolution after Trump takes office.
This story draws on original reporting from MarketWatch.