TikTok seeks Supreme Court intervention to prevent US shutdown as January 19 deadline looms, while legal experts predict uphill battle for ByteDance.
TikTok's existence hangs in the balance with a potential US shutdown looming in just over a week. The platform takes its case to the Supreme Court today.
The social media giant is contesting legislation requiring its parent company ByteDance, based in China, to sell off its US operations by January 19 or cease operations. After losing its case in the DC Circuit last month, TikTok is now seeking emergency relief from the Supreme Court to extend its divestment deadline.
Legal experts who spoke with Business Insider suggest TikTok's chances of securing additional time appear slim.
The Supreme Court, similar to the DC Circuit, is expected to favor Congressional judgment on national security matters, even when First Amendment considerations are involved.
"Success seems unlikely," Cornell Law School's clinical professor G.S. Hans explained to BI. "The DC Circuit ruling was unanimous across ideological lines."
"The company is hoping to reverse their fortunes," he continued. "That's particularly challenging given how courts typically defer to the political branches on national security issues."
Bloomberg Intelligence's litigation analyst Matthew Schettenhelm views TikTok as the underdog, giving them only a 30% chance of Supreme Court intervention.
Should TikTok fail to secure a legal extension, key partners including Apple, Google, and Oracle might sever US ties after January 19 to maintain legal compliance. These companies manage TikTok's app distribution and US data storage. All three declined to comment.
TikTok withheld comment regarding its US operational strategy should the appeal prove unsuccessful.
President-elect Donald Trump could potentially intervene on TikTok's behalf, consistent with his campaign promises. He submitted an amicus brief December 27 requesting the Supreme Court postpone the divestment deadline to allow for political negotiations once he takes office.
Understanding the Ban Threat
TikTok fell under the scope of the Protecting Americans from Foreign Adversary Controlled Applications Act passed in April. This legislation aims to restrict social applications connected to nations designated as foreign adversaries from impacting US national security. ByteDance, TikTok's parent company, operates from China, which the US government classifies as a foreign adversary.
Despite bipartisan Congressional concerns about TikTok, public support for government intervention has decreased recently. Pew Research Center surveys show backing for a ban dropped from 50% in March 2023 to 32% by late summer among US adult respondents.