Why Trump saving TikTok isn't so legally simple

Key Points

  • President-elect Donald Trump is considering an executive order to delay the enforcement of a TikTok ban in the US, potentially contravening federal law.
  • The Supreme Court is set to rule on TikTok's future in the US by January 19, with the ban scheduled to take effect unless overturned or if TikTok's US operations are sold.
  • Legal experts suggest that Trump's executive order has a "narrow chance" of success due to historical precedents limiting presidential power over private property and law enforcement.
  • The dilemma extends to tech giants like Apple and Google, who must decide whether to comply with the ban or risk penalties for non-compliance.
  • Alternative solutions include legislative action to extend the deadline or finding a buyer for TikTok's US operations, with Elon Musk being discussed as a potential buyer.

Summary

President-elect Donald Trump is exploring unconventional methods to prevent the impending ban on TikTok in the US, including an executive order that would delay enforcement of the new law. This move, however, could face significant legal challenges as it might contravene federal law. The Supreme Court is due to decide on TikTok's fate by January 19, with the ban set to take effect unless the court intervenes or TikTok's US operations are sold to a non-foreign adversary. Legal scholars argue that Trump's executive order stands on shaky ground due to historical precedents like the Youngstown Sheet & Tube Co. v. Sawyer case, which limits presidential authority over private property and law enforcement. This situation places tech giants like Apple and Google in a precarious position, as they must decide whether to comply with the ban or face potential penalties. Alternatives include legislative extensions of the deadline or selling TikTok's US operations, with Elon Musk being considered as a potential buyer. The complexity of the situation is compounded by national security considerations and the potential influence of foreign governments in any sale.

yahoo
January 17, 2025
Stocks
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