In a momentous ruling, the U.S. Supreme Court has unanimously backed a federal statute mandating the divestiture of TikTok’s U.S. operations, directly opposing President-elect Donald Trump’s inclination to maintain the app’s presence in the country.
Newsweek reported that President-elect Trump's administration will be responsible for executing the nationwide ban on TikTok if no agreement to divest is reached.
On Friday, the Supreme Court affirmed the legality of a law passed by Congress last year requiring TikTok's parent company, ByteDance, to sell its U.S. arm due to apprehensions related to national security.
The divestiture must occur by January 19, one day before the presidential inauguration. The pivot toward divestiture was largely influenced by concerns regarding TikTok's connection with China and the potential risks posed by its data collection strategies.
The current court composition, with a 6-3 conservative majority, ruled unanimously in favor of the law enforcing TikTok's sale. This decision comes on the heels of the Supreme Court's recent unanimous decision against Trump's attempt to delay his sentencing in a criminal case concerning hush money payments.
Justice Amy Coney Barrett, appointed by Trump, faced criticism for her role in these decisions. Steve Bannon, once a key advisor to Trump, termed her ruling "a total disgrace," criticizing the verdict as "outrageous."
Trump, after originally advocating for a TikTok ban, has since shifted his stance, asserting that the app should remain available. He responded to the ruling by indicating that his "decision on TikTok" would be formed soon, stressing the need for time to assess the complexities of the case.
The Supreme Court's decision places considerable pressure on ByteDance to finalize a sale swiftly. Without a resolution, TikTok may face a shutdown across the United States, with the app expected to cease operations over the coming weekend.
Noel Francisco succinctly added, “We go dark,” emphasizing the potential consequences should a divestiture not be achieved.
Congress directive for divestiture called out concerns related to TikTok's "relationship with a foreign adversary," which the Supreme Court echoed. Mike Waltz, a staunch Trump ally, noted that despite his efforts to preserve the app, Trump would prioritize safeguarding American data above all.
The court's ruling occurred in a politically charged atmosphere as President Biden strategically deferred the TikTok matter to the Trump administration.
This decision followed Biden's White House spokesperson clarifying their position: "TikTok should continue to operate but under American ownership."
While the platform has been praised for its utility and outreach, particularly for Trump's campaign, Biden's team made it clear that the Trump administration would need to address the timing and implementation of the ruling.
For now, however, TikTok’s continuing viability rests on finding a suitable American buyer to avoid the impending nationwide ban. As the timeline advances toward the inauguration, all eyes are on the Trump administration’s strategy to address national security concerns while considering TikTok's considerable influence and utility in the social media landscape.