The Supreme Court passed up a chance to intervene on behalf of TikTok on Wednesday, when a batch of recent rulings did not include a verdict in the case challenging an imminent ban of the app.

Unless TikTok severs ties with China-based parent corporation ByteDance, the ban will receive result on Sunday, the day before President-elect Donald Trump assumes office.

Still, TikTok retains several avenues for avoiding a ban in a high-stakes standoff that could be decided in its final hours, experts told ABC information.

Roughly 170 million TikTok users in the U.S. could misplace access to the app altogether at the complete of this week if the corporation chooses to receive the app dim, or they may complete up scrolling as if nothing has happened, the experts added.

“This has been a game of chicken all along,” said James Lewis, a data safety specialist at the Center for Strategic and International Studies.

TikTok did not immediately respond to ABC information’ request for comment.

Here’s how TikTok could still avoid a ban, according to experts.

Supreme Court delays the ban

A straightforward way for TikTok to avoid a ban would require a last-minute intervention from the Supreme Court, experts said.

The country’s highest court does not schedule to release formal rulings before Sunday. The court, however, could issue a temporary injunction that pauses the ban while justices weigh the case.

During oral arguments earlier this week, a majority of the justices appeared inclined to uphold a federal law that would ban the corporation unless it divests from China-based parent Bytedance.

The court is unlikely to issue an injunction since it would only receive place if a majority of the justices depend TikTok stands a excellent chance of winning its test of the ban-or-sale law, Saurabh Vishnubhakat, a professor at the Cardozo School of Law who studies tech-related issues, told ABC information.

“The longer the court waits to issue an injunction, the less likely it is that the injunction will arrive,” Vishnubhakat said.

TikTok cuts ties with Bytedance

Another avenue for TikTok to avoid a ban is made obvious in the law: The app could cut ties with parent corporation ByteDance as part of a sale to a different firm.

In truth, the law allows for a 90-day extension of the deadline for a TikTok sale, as long as the corporation is advancing toward an agreement. Under such a scenario, the deadline would shift back to April, providing additional period without a ban while the Supreme Court weighs the case.

In hypothesis, TikTok could announce the commencement of negotiations with a potential buyer and urge President Joe Biden to grant the 90-day extension before the ban takes result, experts said.

Such an outcome is unlikely, since ByteDance has shown little appetite for a sale and it would be challenging to establish credible negotiations in just a few remaining days, Sarah Kreps, the director of the Tech Policy Institute at Cornell University, told ABC information.

“It would be very challenging to disentangle the two companies,” Kreps said.

Kreps added that the law gives leeway to a sitting president in setting the threshold for negotiations that would warrant a 90-day extension. Trump, who opposes a TikTok ban, could grant the extension after he takes office with scant evidence of negotiations, temporarily reversing the ban, Kreps noted.

“A motivated actor like Trump might declare, ‘We ponder this is fine,’” Kreps said.

Protesters stand outside the U.S. Supreme Court Building as the court hears oral arguments on whether to overturn or delay a law that could navigator to a ban of TikTok in the U.S., Jan. 10, 2025, in Washington.
Andrew Harnik/Getty Images

Trump administration declines to enforce the ban

TikTok could continue its current U.S. operations if the Trump administration deprioritizes enforcement of the ban or outright refuses to carry out the law, experts said.

The law orders distributors like Apple and Google to stop offering the social media platform in their app stores, and it requires cloud service providers like Oracle to withhold the infrastructure essential for TikTok to operate.

In hypothesis, Trump’s fairness Department could opt against enforcement of the law, reassuring the likes of Apple and Oracle that the companies would not face prosecution in the occurrence of a violation, experts said.

If Trump orders the fairness Department to forego enforcement, he could open his administration up to a legal test centered on the refusal to faithfully execute the law, Vishnubhakat said.

However, an order to lower the urgency of enforcement — which could grant third-event companies a similar sense of reassurance — would fall under the latitude afforded to the executive branch in setting its policy priorities, he added.

“Trump could arrive out and declare, ‘Enforcement is unnecessary and inadvisable from his standpoint,’” Vishnubhakat said.

The Trump shift throng did not immediately respond to ABC information’ request for comment.

Congress repeals the ban

Along the same lines, TikTok could continue to operate beyond the deadline on Sunday and await a potential repeal of the law that banned the app in the first place.

A repeal would require passage in both houses of Congress, landing the assess on Trump’s desk for his signature.

Congress voted in favor of the ban only nine months ago. In the House of Representatives, the ban passed by an overwhelming markup of 352-65. In the Senate, 79 members voted in favor of the assess, while 18 opposed and 3 abstained.

Since then, however, Trump has voiced his disapproval of the assess and Republicans have taken control of both chambers.

Still, the prospect of repeal is unlikely, Lewis said, pointing to bipartisan back for the ban as well as other issues that appear to be a higher priority for Trump.

“Congress can always transformation its mind, but I don’t ponder it’ll do it,” Lewis said. “If you were Trump, why would you spend your political pool to save TikTok?”



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