A few moments ago, the Supreme Court wrapped oral argument in the TikTok case. It stretched nearly three hours, but could have easily been finished in one.
I do not think the Court can settle this matter one way or another in the next nine days. There are simply too many issues. Let me start with perhaps the most relevant question asked at the end: Justice Alito asked whether the Court could grant an administrative stay, that did not turn on the likelihood of success on the merits. That is precisely what I proposed last week. Solicitor General Prelogar groused, but would not say the Court lacked the power to issue such an administrative stay. And that's all Alito needed to hear.
A few members asked about President Trump's brief. I know that elites widely ridiculed it, but Sauer's submission was effective for precisely the reason I suggested: it gives the Court an out to not have to decide this case that could set a sweeping precedent. And that ties in directly with the purpose of the administrative stay.
