Federal Appeals Court Refuses to Block TikTok Ban, Paving Way for Supreme Court Showdown

A federal appeals court has refused to temporarily halt a ban on TikTok, setting the stage for a high-stakes battle at the U.S. Supreme Court over the controversial legislation.

On Friday, the D.C. Circuit Court of Appeals unanimously denied TikTok’s request to pause the impending ban while it seeks further review by the Supreme Court. The court’s brief order dismissed the request as “unwarranted,” signalling no immediate relief for the social media giant.

The law, passed with bipartisan support earlier this year and signed by President Joe Biden in April, mandates that TikTok’s Chinese parent company, ByteDance, must divest the platform to a non-Chinese owner by January 19 or face a U.S. ban. Failure to comply would result in U.S. app stores and internet providers being barred from hosting TikTok, with penalties for non-compliance. The legislation grants the president the option of a one-time extension of the deadline.

TikTok, which has fiercely opposed the ban, now plans to turn to the Supreme Court, seeking emergency intervention to block the law from taking effect. The company’s attorneys argue that the legal and constitutional issues at stake require “a more deliberate and orderly process,” rather than an expedited review.

The Biden administration, however, urged the appeals court not to delay the law, warning that such a move could indefinitely stall its enforcement.

The D.C. Circuit last week upheld the ban, ruling that it aligns with constitutional standards, particularly the legal principle of strict scrutiny, which applies to government restrictions on free speech. The court stated that the legislation reflects bipartisan consensus to address “a well-substantiated national security threat” posed by the platform’s ties to China.

TikTok, however, contends that the Supreme Court must ultimately weigh in, given the far-reaching implications of the case. In court filings, its attorneys noted that “it is, at the very least, a close question whether the Act is the rare law that would survive strict scrutiny.”

The case comes amid long-standing concerns in Washington over TikTok’s data practices and its potential links to the Chinese government through ByteDance. Despite mounting pressure, ByteDance has previously indicated that it will not sell the platform.

With the appeals court’s rejection of TikTok’s request, the Supreme Court is expected to face an urgent plea to intervene, potentially deciding the future of one of the world’s most popular social media platforms.