Comment by RobKohr
13 days ago
By this reading, and since Trump is sworn in on the 20th, it is really up to his discretion as to whether the tiktok ban remains.
He probably should let it stand for a day or two, and then drop an executive order to make it not banned and thus be a hero to all those who use it.
That's not quite correct, b/c the above only applies to companies other than TikTok/ByteDance, which are called out explicitly in the Act.
However, there is an open question as to whether Trump will choose to enforce the law.
Surprised Supreme Court let that through. Passing laws directed at particular individuals is not kosher under the article 1 Section 9. Clause 3.
>No Bill of Attainder or ex post facto Law shall be passed.
Then again, the bill is creating a framework to allow a President to essentially ignore that particular enjoinder and SCOTUS has already shown themselves willing to let a President run rampant.
As you might imagine, the decision, linked in the comments here, goes into detail about why that does not apply in this case (foreign company, so the protections of the constitution don’t apply, and national security interest)