In a second ruling at odds with President-elect Donald Trump, on Friday the U.S. Supreme Court upheld a federal law requiring TikTok''s China-owned parent company to sell its U.S. operations or face a nationwide ban.

Why It Matters

Friday''s unanimous ruling opposes Trump''s preference. It comes just over a week after the highest court ruled against Trump''s request to halt sentencing in his criminal hush money case.

In that ruling, conservative Chief Justice John Roberts and Justice Amy Coney Barrett broke with the conservative bloc.

During his first presidency, Trump appointed three conservative justices. The court currently has a 6-3 conservative majority.

Democrats have raised concerns that the court is too aligned with Trump, but the two decisions appear to challenge claims about the court''s lack of independence.

Newsweek reached out to several legal scholars for comment via email on Friday.

On Friday, the justices unanimously ruled that TikTok''s ties to China pose significant national security risks, outweighing concerns about free speech for the application and its 170 million American users.

"Congress has determined that divestiture is necessary to address well-founded national security concerns about TikTok''s data collection practices and its relationship with a foreign adversary," the justices ruled Friday in an unsigned opinion, paving the way for a ban on the platform to potentially take effect this weekend.

Last year, Congress passed a law signed by President Joe Biden requiring TikTok''s China-based parent company, ByteDance, to divest the platform by January 19, just one day before the presidential inauguration. With no agreement reached and with the Court siding with the government, the ban seems inevitable.

However, political shifts and legal maneuvers have complicated the enforcement of legislation targeting TikTok''s removal, with Biden reportedly deferring the issue to the incoming Trump administration.

Trump, who once called for TikTok''s ban, has now pledged to keep it available in the U.S. His transition team has not detailed how they plan to achieve this but has expressed a willingness to extend the deadline.

In a 5-4 decision earlier this month, the court rejected Trump''s bid to delay his criminal sentencing in the hush money case. The next day, he was sentenced to an "unconditional discharge," meaning he will not face jail time. He is now the first convicted felon to serve as president.

The sentence will allow him Trump to return to the White House, free of any legal threat or potential jail term.

The sentencing follows a May 2024 jury verdict that found Trump guilty on 34 felony counts of falsifying business records in a scheme to disguise reimbursements for a $130,000 hush money payment to former adult film actor Stormy Daniels as legal expenses in 2016.

Trump has denied all the charges and repeatedly called the effort a "political witch hunt."

Previously, the Supreme Court refused to overturn Trump''s 2020 election loss and rejected him repeatedly in clashes over investigations and documents after he left office.

However, it also ruled in favor of broad presidential immunity to criminal prosecution in July, effectively scuttling Jack Smith''s case against Trump.

There is speculation that one or two conservative justices, such as Justices Clarence Thomas or Samuel Alito, may step down during Trump''s second presidency, giving the incoming president the opportunity to nominate their replacements, potentially bolstering his support on the court.

What People Are Saying

Trump said in a Truth Social post on Friday following the decision: "The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!"

Trump-Vance transition spokeswoman Karoline Leavitt told Newsweek in an email today that the president-elect remains committed to saving TikTok: "There''s no better dealmaker than President Trump."

Mike Waltz, Trump''s national security adviser, said in January: "If the Supreme Court comes out with a ruling in favor of the law, President Trump has been very clear: Number one, TikTok is a great platform that many Americans use and has been great for his campaign and getting his message out. But number two, he''s going to protect their data."

Noel Francisco, TikTok''s lawyer, told the Supreme Court last week when asked what happens if the ruling sides against the app: "We go dark. Essentially, the platform shuts down."

A White House spokesperson said in a previous statement to Newsweek: "Our position on this has been clear: TikTok should continue to operate but under American ownership. Given the timing of when it goes into effect, over a holiday weekend a day before inauguration, it will be up to the next administration to implement."

Steve Bannon, a media personality who served as White House chief strategist for President-elect Donald Trump during his first term, told Newsweek on January 11: "[Justice Amy Coney] Barrett is a disgrace. A total disgrace," calling her decision "outrageous."

What Happens Next

It is unclear what options are open to Trump once he is sworn in as president on Monday. The law allowed for a 90-day pause in the restrictions on the app if there had been progress toward a sale before it took effect.

However, ByteDance has shown little interest in selling, even though the TikTok algorithm alone is thought to be worth somewhere in the tens of billions of dollars.

Without a sale to an approved buyer in the wings, TikTok has indicated it plans to shut down its app for U.S. users on Sunday. The app will be removed from the Apple App Store and Google Play Store, and users trying to access it will be redirected to a website explaining the ban. TikTok will also allow users to download their personal data.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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