The US Department of Justice (DOJ) has urged the Supreme Court to reject President-elect Donald Trump’s request to delay the implementation of a law requiring the divestment or ban of the popular social media app TikTok by January 19, 2025.
The law, passed in April, mandates that TikTok’s Chinese parent company, ByteDance, divest its US operations to mitigate national security risks posed by the app’s extensive data collection. Failure to comply would result in TikTok being banned in the United States.
In its filing, the DOJ argued that ByteDance had not demonstrated a likelihood of success in its legal challenge against the law. “No one disputes China seeks to undermine US interests by amassing sensitive data about Americans and engaging in covert and malign influence operations,” the DOJ asserted.
The department further warned that ByteDance’s control of TikTok represents “a grave threat to national security,” citing the platform’s ability to collect sensitive data from its 170 million US users.
TikTok did not immediately comment on the matter.
President-elect Trump, in a legal brief filed last week, requested the Supreme Court stay the law’s January 19 deadline, arguing that his incoming administration should be given time to pursue a political resolution.
“The president-elect respectfully requests that the Court consider staying the Act’s deadline… thus permitting President Trump’s incoming administration the opportunity to pursue a political resolution of the questions at issue in the case,” Trump’s lawyer, D. John Sauer, wrote.
Trump’s stance marks a reversal from 2020 when, as president, he sought to ban TikTok and force its sale to US companies due to its Chinese ownership.
On Friday, TikTok urged the Supreme Court to block the law, arguing it violates the First Amendment of the US Constitution.
The company claimed Congress selectively targeted TikTok without banning other Chinese-owned apps like Shein or Temu, implying the platform was singled out for its content rather than its data practices.
If the law is not blocked by January 19, new downloads of TikTok from Apple and Google app stores would be prohibited.
While existing users could still access the app initially, services would degrade over time as companies would be barred from providing updates or support, ultimately leading to the platform becoming inoperable.
President Joe Biden could extend the deadline by 90 days if he certifies that ByteDance is making substantial progress toward divesting TikTok’s U.S. assets.
The Supreme Court is scheduled to hear arguments in the case on January 10.
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