President-elect Trump asked the Supreme Court to delay the deadline for a potential TikTok ban, which is slated for the day before his inauguration.
The court has agreed to hear TikTok’s challenge to the potential ban on an expedited schedule, but Trump told the justices that delaying the law until he returns to the White House could obviate the need for the court to weigh in.
“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,” wrote D. John Sauer, one of Trump’s personal appellate attorneys.
Sauer is Trump’s nominee for U.S. solicitor general, which would have him take over managing the government’s defense of the ban from the Biden administration.
“In light of these interests—including, most importantly, his overarching responsibility for the United States’ national security and foreign policy—President Trump opposes banning TikTok in the United States at this juncture, and seeks the ability to resolve the issues at hand through political means once he takes office,” Sauer wrote.
During the campaign, Trump voiced opposition to the law, which requires TikTok’s China-based parent company to divest from the app or face a ban by Jan. 19, and vowed to “save TikTok.” However, the president-elect has offered few details about his plans to protect the app since winning the election.
TikTok has noted the president-elect’s sympathies in its legal arguments, suggesting the trajectory could change once he takes office.
The new brief repeatedly touts Trump’s unique interest, calling him “one of the most powerful, prolific, and influential users of social media in history” and noting his social media platform, Truth Social.
“Indeed, 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 Supreme Court is set to hear oral arguments on Jan. 10 on TikTok’s First Amendment challenge to the new law, giving the justices an opportunity to weigh in before the ban potentially goes into effect.
Trump said he takes no position on the merits of the First Amendment issue but called it a “historically challenging” question.
