TikTok’s time has run out.
The Supreme Court upheld a federal law that President Joe Biden signed in April that will shut the popular social media app down on Jan. 19, the day before President-elect Donald Trump takes office.
Under the law, web hosting companies will be barred from hosting TikTok. Users will continue to have access to TikTok if it’s already downloaded on their phones, but the app will disappear from Apple and Google’s app stores — so new users won’t be able to download it.
The federal law seeks to force its sale by the Chinese company that owns the social media platform used by 170 million people in the U.S.
A sale does not appear imminent and, although experts have said the app will not disappear from existing users’ phones once the law takes effect on Jan. 19, new users won’t be able to download it and updates won’t be available. That will eventually render the app unworkable, the Justice Department has said in court filings.
The decision came against the backdrop of unusual political agitation by President-elect Donald Trump, who vowed that he could negotiate a solution and the administration of President Joe Biden, which has signaled it won’t enforce the law beginning Sunday, his final full day in office.
Trump, mindful of TikTok’s popularity, and his own 14.7 million followers on the app, finds himself on the opposite side of the argument from prominent Senate Republicans who fault TikTok’s Chinese owner for not finding a buyer before now.
It’s unclear what options are open to Trump once he is sworn in as president on Monday. The law allowed for a 90-day pause in the restrictions on the app if there had been progress toward a sale before it took effect. Solicitor General Elizabeth Prelogar, who defended the law at the Supreme Court for the Democratic Biden administration, told the justices last week that it’s uncertain whether the prospect of a sale once the law is in effect could trigger a 90-day respite for TikTok.
At arguments, the justices were told by a lawyer for TikTok and ByteDance Ltd., the Chinese technology company that is its parent, how difficult it would be to consummate a deal, especially since Chinese law restricts the sale of the proprietary algorithm that has made the social media platform wildly successful.
Trump could direct the Justice Department not to enforce the law, which threatens sanctions against the technology companies that make the app available and host it. Trump, who once supported banning the app, is exploring options to “preserve” TikTok, his incoming national security adviser, Florida Rep. Mike Waltz, said in a televised interview on Wednesday.
The Supreme Court indicated Thursday that the justices would issue at least one decision Friday, adhering to its custom of not saying which one. But it also departed from its usual practice in some respects, heightening the expectation that it’s the TikTok case that will be handed down.
Except for when the end of the term nears in late June, the court almost always issues decisions on days when the justices are scheduled to take the bench. The next scheduled court day is Tuesday.
And apart from during the coronavirus pandemic, when the court was closed, the justices almost always read summaries of their opinions in the courtroom. They won’t be there Friday.
This is a developing story. Refresh for updates.
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