A federal appeals court has declined to temporarily block a ban on TikTok, setting the stage for a potential showdown at the Supreme Court regarding the law's enforcement while the social media platform's legal challenge unfolds.
Last week, the DC Circuit Court of Appeals upheld the law, paving the way for it to go into effect on January 19. Subsequently, TikTok requested the court to issue a temporary halt on the ban while the company seeks Supreme Court review of its challenge to the law.
In an unsigned order, the appeals court unanimously rejected the request for a temporary block, deeming it 'unwarranted.'
The law mandates that TikTok must be sold to a new, non-Chinese owner or face a ban in the United States. Failure to comply by the January deadline could result in significant fines for US app stores and internet services hosting TikTok. The legislation does allow for a one-time extension of the deadline at the president's discretion.
TikTok has indicated its intention to seek emergency relief from the Supreme Court if the appeals court did not grant interim relief. The company's attorneys argued that not temporarily blocking the law would expedite Supreme Court review on an emergency basis, potentially during the holiday season.
The Biden administration opposed issuing a temporary block on the law, expressing concerns that doing so might enable TikTok to delay the case's appeal to the Supreme Court, effectively stalling the law indefinitely.