Can Trump Effectively Save TikTok from Ban?

The Supreme Court is expected to make a decision regarding TikTok's status in the United States by January 19

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President-elect Donald Trump is reportedly exploring unconventional strategies to prevent a potential ban on TikTok in the United States. One such strategy includes the issuance of an executive order that would delay the enforcement of the new legislation by several months. However, this approach may conflict with federal law, increasing the likelihood that any attempt to rescue TikTok could encounter significant legal challenges.

The Supreme Court is expected to make a decision regarding TikTok’s status in the United States by January 19. The executive order under consideration, initially reported by the Washington Post and corroborated by other news sources, would pause the enforcement of the TikTok legislation for a period of 60 to 90 days.

This order is set to be implemented this Sunday unless the Supreme Court intervenes beforehand. Additionally, the Chinese parent company, ByteDance, could prevent the ban from being enacted by divesting TikTok’s U.S. operations to a domestic owner not affiliated with a foreign adversary.

Trump, during his campaign, indicated through a social media post that he would “save TikTok.” He has now petitioned the Supreme Court to delay the deadline for divestiture or prohibition and to consider his preference for a “negotiated resolution,” emphasizing that as president, he will bear responsibility for national security.

The primary precedent that undermines the reliability of a Trump executive order as a safeguard for TikTok stems from a limitation on presidential authority established in the significant 1952 Supreme Court case, titled “Youngstown Sheet & Tube Co. v. Sawyer.”

In this case, the court invalidated an executive order from President Harry Truman that directed the US Commerce Department to seize control of the nation’s steel mills. Truman’s order was intended to prevent a labor strike from jeopardizing US steel production during the Korean War.

However, the court determined that the president did not possess the authority to commandeer private property, even in wartime. Based on previous events, It still remains uncertain whether President Trump will be able to preserve TikTok’s presence in the United States.

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