Trump's Attempt to Influence the Supreme Court on TikTok

President-elect Donald Trump is urging the Supreme Court to allow him to broker a deal that he believes will resolve the national security concerns surrounding TikTok, ensuring its continued availability to 170 million American users.

Trump suggests that to facilitate this, the Court should temporarily set aside a law scheduled to take effect on January 19, which could shutter TikTok just before his potential return to office.

His lawyer elaborated, stating, "President Trump stands uniquely capable as a master negotiator with a public mandate to handle this issue and save the platform."

This strategy might succeed in delaying action on the matter. The Court had previously agreed to expedite a decision that raises significant questions on free speech and social media.

Berkeley Law Dean Erwin Chemerinsky commented on the potential merits of issuing a stay, acknowledging the complex First Amendment implications and the historical judicial deference to national security issues.

Prior to Trump's involvement, TikTok faced a challenging legal battle. Congress had passed a law with broad bipartisan support, demanding TikTok divest from its Chinese parent or cease operations in the U.S.

President Biden signed the law, set to be enforced in 270 days, reflecting bipartisan concerns over the data security risks posed by TikTok's ownership.

While the Supreme Court often challenges federal regulations, it is typically reluctant to invalidate legislation directly tied to national security.

Recently, a Washington appeals court upheld the law on grounds of national security, emphasizing that its aim was not to restrict speech but to prevent data misuse by the Chinese parent company.

If the legislation goes into effect, several U.S. companies like Apple and Oracle could face heavy penalties if they continue their associations with TikTok.

In his court submission, Trump's attorney, D. John Sauer, steered away from the First Amendment debate, focusing instead on Trump's qualifications to resolve the issue.

Sauer asserted that Trump's election win provided him with a strong mandate to uphold American free speech rights, including those of the millions utilizing TikTok. Trump is also among the most influential social media figures, with nearly 15 million TikTok followers.

Trump's perspective on social media, highlighted by his creation of platforms like Truth Social, informed his understanding of the government's extensive powers at play in this scenario.

Trump opposes TikTok's ban, arguing it undermines his responsibility for U.S. national security and foreign policy. He advocates for resolving the issues through negotiation once in office.

TikTok's case is poised for oral arguments shortly before its scheduled shutdown date, raising the stakes significantly.

Back in 2020, Trump criticized TikTok due to its Chinese ownership, a point Congress took seriously, eventually passing the law.

However, Trump has since reconsidered, acknowledging TikTok's potential role in appealing to younger voters, which has led to his softened stance.

A year ago, Sauer received backlash for claiming Trump, even as an ex-president, was immune from charges linked to official duties. Yet, a Supreme Court decision favored him.

Now, Sauer is positioned to defend Trump before the Supreme Court in this social media matter as the U.S. solicitor general.

While he hasn't specified a precise course of action, Sauer suggested a delay in implementing the law could benefit the incoming administration. He highlighted the possibility of a 90-day extension.

With responses due soon, the court has prepared a two-hour session for the arguments.

Alan Rozenshtein, a law professor, expressed doubt that Trump's involvement would sway the Court. He noted the Court's previous refusal to delay the law, suggesting a lack of likely success.