Donald Trump asks US Supreme Court to delay TikTok ban so he can weigh in after he takes office

U.S. President-elect Donald Trump has filed a request with the U.S. Supreme Court to pause the potential TikTok ban from taking effect, so that his administration can seek a "political solution" to the issue. Trump's request comes after TikTok and the Biden administration filed opposing briefs to the Supreme Court, setting the stage for a high-stakes legal showdown.

In its brief, TikTok argued that the court should overturn a law that could ban the platform by January 19, while the government emphasized its position that the regulation is needed to eliminate national security risks. Trump, in a "friend of the court" statement, stated that "President Trump takes no position on the underlying merits of this dispute. Instead, he respectfully requests that the Court consider staying the Act’s January 19, 2025, divestiture deadline to allow for consideration of the merits by the Court." This statement, penned by D. John Sauer, Trump's nominee for Attorney General, did not endorse either side in the case, maintaining neutrality.

The argument presented to the court is the latest example of Trump intervening in national affairs before taking office. The Republican President-elect has already begun negotiating with other countries regarding his plans to impose tariffs. Earlier this month, he also interfered with a plan to fund the federal government, calling for a veto of a bipartisan plan and sending Republicans back to the negotiating table, demonstrating his continued influence.

While forming his government, Trump has been meeting with foreign leaders and business people at Mar-a-Lago in Florida, including a meeting last week with TikTok CEO Shou Zi Chew. Trump has shifted his stance on the popular app, which he tried to ban during his first term, citing national security concerns. During the 2024 presidential campaign, he joined TikTok, with his team using the platform to connect with younger voters, especially men, by pushing content that is often masculine and designed to go viral, showing a strategic adaptation.

Earlier this year, he said he still believes TikTok poses a national security risk, but he opposes banning it. The filings come ahead of oral arguments scheduled for January 10 on whether the law, which requires TikTok to divest from its Chinese parent company or face a ban, illegally restricts free speech, violating the First Amendment. The law was signed by President Joe Biden in April after receiving broad bipartisan support in Congress. TikTok and ByteDance subsequently filed legal challenges, arguing against the forced divestiture.

Earlier this month, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously upheld the regulation, leading TikTok to appeal to the Supreme Court. Trump said in the brief that he opposes banning TikTok at this time and "seeks the ability to resolve the issues at hand through political means after taking office," suggesting a preference for negotiation over immediate legal action.

Lawyers for TikTok and its parent company ByteDance argued in a brief filed with the Supreme Court today that the federal appeals court ruling was wrong and that its decision was based on the "so-called 'risk' that China might be able to control" TikTok's U.S. platform "by pressuring its foreign affiliate." The Biden administration argued in court that TikTok poses a national security risk because of its ties to China. Officials said Chinese authorities could force ByteDance to hand over data from TikTok's U.S. users or use the platform to spread or suppress information, raising concerns about potential manipulation.

But TikTok's legal documents stated that the government "concedes it has no evidence China has ever attempted to do so," adding that the U.S. concerns are based on future risks. The Biden administration said in its filing that TikTok's corporate structure itself carries risks because it is "integrated with ByteDance and relies on proprietary engines developed and maintained in China," highlighting the inherent vulnerabilities in the platform's architecture.