TikTok asked a federal appeals court on Monday to bar the Biden administration from enforcing a law that could lead to a ban on the popular platform until the Supreme Court reviews its challenge to the statue.
The legal filing was made after a panel of three judges on the same court sided with the government last week and ruled that the law, which requires TikTok to divest from its China-based parent company or face a ban as soon as next month, was constitutional.
If the law is not overturned, both TikTok and its parent ByteDance, which is also a plaintiff in the case, have claimed that the popular app will shut down by Jan. 19, 2025. TikTok has more than 170 million American users.
“Before that happens, the Supreme Court should have an opportunity, as the only court with appellate jurisdiction over this action, to decide whether to review this exceptionally important case,” attorneys for the two companies wrote in the legal filing on Monday.
It’s not clear if the Supreme Court will take up the case.
President-elect Donald Trump, who tried to ban TikTok the last time he was in the White House, has said he is now against such action.
In their legal filing, the two companies pointed to the political realities, saying that an injunction would provide a “modest delay” that would give “the incoming Administration time to determine its position — which could moot both the impending harms and the need for Supreme Court review.”
