TikTok’s final attempt to avert its imminent ban in the United States has been unsuccessful. On Friday, the US Supreme Court issued a unanimous ruling affirming the law that mandates ByteDance to divest TikTok or face a prohibition in the country.
One of the biggest uncertainties at this point is how the transition from the Biden administration to the Trump administration may influence the enforcement of the ban.
Updated January 17, 2025, at 10:51 am ET with new statements from the Biden administration and Trump below.
TikTok ban: Latest news
In its decision on Friday, the United States Supreme Court stated:
As of January 19, the Protecting Americans from Foreign Adversary Controlled Applications Act will render it illegal for companies within the United States to offer services to distribute, maintain, or update the social media platform TikTok unless U.S. control over the platform is disconnected from Chinese influence. The petitioners include two TikTok operational entities and a collective of U.S. TikTok users. We assess whether the Act, as it applies to the petitioners, breaches the First Amendment.
The contested law does not directly prohibit TikTok but provides its China-linked parent company, ByteDance, a nine-month window to offload TikTok. That deadline nears on Sunday, at least in theory.
Additional variables are also influencing this matter aside from the law itself. In a statement made Thursday, the Biden administration effectively deferred the execution of the ban to the Trump administration, which assumes office on Monday, January 20.
“Our position has been unambiguous: TikTok should remain operational under American ownership,” an official from the White House communicated to ABC News. “Considering the timing of the law’s enforcement coinciding with a holiday weekend just before inauguration, the next administration will have to handle its implementation.”
On the other hand, Trump has asked the Supreme Court to postpone the law’s implementation starting January 19. Last week, the Trump team elaborated that the president-elect “has the unparalleled negotiation skills, electoral mandate, and political motivation to reach an agreement to preserve the platform while also addressing the national security issues raised by the Government.”
The Supreme Court’s decision today indicates that the justices did not accommodate Trump’s appeal.
Another uncertainty revolves around Google and Apple’s responses to the anticipated ban on January 19. Even if the Biden administration has transferred the enforcement responsibility to Trump, it will ultimately be Google’s and Apple’s decision to enforce the ban from January 19 onward.
If the law is executed as planned, Apple and Google will be prohibited from having TikTok available in the App Store and Play Store, respectively. It remains to be seen whether these companies are willing to risk the possibility that the law might not actually be enforced.
The law simply requires the app’s removal from those app stores. However, TikTok is likely to take further measures and restrict access to its service starting January 19 – even for users who have already installed the app on their devices.
Biden’s response
Shortly after the Supreme Court shared its verdict, White House Press Secretary Karine Jean-Pierre released the following statement:
The Administration, along with the rest of the nation, has awaited the U.S. Supreme Court’s ruling on the TikTok issue. President Biden’s stance regarding TikTok has been transparent for months, particularly since Congress sent an overwhelmingly bipartisan bill to his desk: TikTok should remain accessible to Americans, but solely under American ownership or any ownership that mitigates the national security concerns identified by Congress when crafting this law.
Given the timing, this Administration acknowledges that the responsibility of enforcing the law must now be delegated to the incoming Administration, taking office on Monday.
Trump’s response
Concurrently, Trump shared his own remarks with CNN’s Pamela Brown:
“Ultimately, it’s up to me, so we’ll see what I decide. Congress has delegated the choice to me, and I’ll be making that choice.”
Setting aside Trump’s ambiguity, there is nothing in the law that implies Congress has granted him the final authority on the enforcement of the TikTok ban.
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