Biden Will Not Enforce TikTok Ban For Final 36 Hours Of His Presidency

Anyone remember the Take Care Clause? And way to undermine your SG!

The TikTok ban goes into effect at 12:01 AM on January 19, 2025. President Biden has the power to grant an extension if certain conditions are met, though it doesn't seem like that will happen. Instead, President Biden has simply announced that he will not enforce the law for the final 36 hours of this presidency. Or more precisely, the Biden Administration will not impose any fines on companies that allow TikTok to operate. Instead, they will let Trump deal with it.

"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," a White House official said.

What a mess. For starters, what about the Take Care Clause? The President has a duty to take care that the laws are faithfully executed. The Solicitor General has vigorously argued that the law is constitutional, and essential to national security. Yet, Biden has simply told his administration to not enforce the law, full stop. What plausible justification is there for this decision? I eagerly await the return of the Take Care Blog.

Trump is not President yet. The buck stops with Biden until January 20. But President Biden's capitulation on the issue is a recognition that Trump is really in charge. Again, elites mocked the Trump amicus brief, but it accurately described the state of play.

This video is an example. A reporter asked Biden who takes credit for the ceasefire in the Gaza Strip, him or Trump. Biden could only muster, "Is that a joke?"

More pressingly, this decision undermines the Solicitor General's argument to the Supreme Court. The government defended the ban as a necessary means to protect Americans from a foreign adversary. But when push comes to shove, the President simply doesn't care. China can keep on doing whatever it is they are doing. Could it be that the government's arguments in defense of the TikTok ban are, as they often are, exaggerated?

Where does all this news leave the Court? Do the Justices really want to write a landmark First Amendment decision in a few days for a law that the President won't even enforce? I am skeptical. I think an administrative injunction is looking like a pretty good option now. I suggested this option before argument, and Justice Alito raised the possibility during argument. The Court can just put the law on hold and let Trump make a deal.