Appellate court turns down momentary inhibition of TikTok ban, setting stage for Supreme Court confrontation concerning contentious legislation
Recently, the DC Circuit Court of Appeals firmly supported the law, preparing it to commence on January 19th. A short while later, TikTok requested the court to momentarily halt the ban while they petition the Supreme Court to examine their opposition to the law.
The appeals court dismissed this plea with a succinct, unsigned order, labeling such a suspension as inappropriate.
The legislation necessitates the platform's acquisition by a fresh, non-Chinese proprietor or its prohibition in the U.S. Following the January deadline, American app stores and online services risk hefty fines for continuing to host TikTok in the absence of a sale (per the law, the president holds the power to grant a one-time extension of the deadline).
Should the appeals court fail to offer temporary relief, TikTok has mentioned in their court documents that they'll petition the Supreme Court for an emergency stay to defer the law temporarily. This petition could take place at any given moment.
TikTok's legal team argued to the appeals court that refusing to provisionally block the law would necessitate the Supreme Court to examine the matter via its unofficial docket "in mere weeks (even during the holidays)."
"In recognition of the Supreme Court's significant role, this Court should grant an interim injunction that allows for a more thoughtful and logical process," they penned in court records.
Concurrently, the Biden administration has implored the appeals court to refrain from issuing a temporary halt on the law, cautioning that such a move might enable the company to postpone its Supreme Court appeal for several months, potentially indefinitely stalling the law.
This is an evolving situation and will be updated.
Despite the Biden administration's objection, TikTok plans to appeal for an emergency stay at the Supreme Court, aiming to temporarily postpone the business-altering tech law. If successful, this could delay the law's implementation, potentially allowing for a more strategic approach to address the tech-related concerns.
