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President-elect Donald Trump has asked the Supreme Court to delay enforcement of a potential TikTok ban, citing a need for time to address the issue through a political resolution once his administration takes office.
In a legal brief filed Friday, Trump, who assumes the presidency on January 20, urged the Court to halt the implementation of a law that could force TikTok to divest from its China-based parent company ByteDance by January 19 or face a nationwide ban.
“President Trump takes no position on the underlying merits of this dispute,” read the brief, penned by Trump’s solicitor general pick, D. John Sauer. “Instead, he respectfully requests that the Court consider staying the Act’s deadline … while it considers the merits of this case.”
The request follows months of heated debate over TikTok’s future in the United States. The Biden administration and TikTok filed opposing briefs on Friday ahead of January 10 oral arguments. The company argues the ban violates First Amendment rights, while the government maintains the law is essential to mitigate national security risks linked to China.
The Biden administration has consistently warned that ByteDance’s ties to China create potential risks, such as data access for Chinese authorities or misuse of the platform for propaganda. However, TikTok counters that no evidence has been presented showing China has exploited the app in this way.
Trump’s intervention marks another instance of the president-elect inserting himself into national issues before taking office. Notably, Trump has shifted his stance on TikTok. During his first term, he sought to ban the app over security concerns but now opposes such a move, citing its cultural and political relevance.
Trump’s team used TikTok effectively during his 2024 campaign, engaging younger voters with viral content. He even met with TikTok CEO Shou Chew at his Mar-a-Lago club earlier this month.
The law in question, signed by President Joe Biden in April with bipartisan support, was upheld this month by the D.C. Circuit Court of Appeals. TikTok and ByteDance subsequently appealed to the Supreme Court.
In its filing, TikTok emphasized that fears of Chinese influence are speculative. “The government concedes it has no evidence China has ever attempted to do so,” the company stated.
With oral arguments set for January 10, Trump’s brief underscores his intention to pursue a political solution after assuming office. “He seeks the ability to resolve the issues at hand through political means,” the filing stated.
