Four days ago, the Supreme Court upheld the TikTok ban. Even before that decision was issued, President Biden announced that he would not enforce the policy for the final 36 hours of his presidency. (In hindsight, he may have been too busy signing pardons.) Yet, for a short while, TikTok went dark. And then TikTok turned on again, in anticipation of Trump's inauguration. On his first day in office, Trump signed an executive order concerning TikTok.
The order echoes President-Elect Trump's amicus brief. Trump asserts that the law impinges on his authority over national security:
I have the unique constitutional responsibility for the national security of the United States, the conduct of foreign policy, and other vital executive functions. To fulfill those responsibilities, I intend to consult with my advisors, including the heads of relevant departments and agencies on the national security concerns posed by TikTok, and to pursue a resolution that protects national security while saving a platform used by 170 million Americans. My Administration must also review sensitive intelligence related to those concerns and evaluate the sufficiency of mitigation measures TikTok has taken to date.
