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Trump Defies Congress and Supreme Court by Delaying TikTok Ban

Trump’s executive order delaying the TikTok ban defies Congress and the Supreme Court, raising concerns about unchecked executive power. Read more about the controversy.

On his first day in office, President Donald Trump declared that he would effectively ignore the law, and so TikTok lives. | Evan Vucci/AP

Donald Trump’s unilateral move to delay the TikTok ban defies a clear congressional mandate and a unanimous Supreme Court ruling, raising concerns about executive overreach.

Trump’s TikTok Reprieve Defies the Law

For over a week, Donald Trump and the Justice Department have disregarded the bipartisan law that was supposed to shut down TikTok in the U.S. Despite clear legislative intent and a unanimous Supreme Court ruling, Trump has opted to delay enforcement for at least 75 days, citing the need to assess its national security implications.

This move, which some view as a bailout for TikTok, has sparked concerns about the administration’s willingness to selectively enforce laws. Critics note that a wealthy donor’s support and speculation about TikTok’s role in Trump’s reelection may have influenced the decision.

Congressional Republicans Go Silent

Before the law took effect, Sen. Tom Cotton (R-Ark.) called TikTok a “lethal” platform and vowed “no extensions, no concessions, and no compromises.” Yet, with Trump’s order in place, many Republican lawmakers, including Cotton, have softened their stance or remained silent.

Some Democrats have also avoided confrontation, possibly fearing backlash from TikTok’s massive user base. Senate Minority Leader Chuck Schumer, who voted for the ban, has even suggested he is open to working with Trump to keep the app alive.

Trump’s Executive Order Overrides Congressional Authority

Trump’s executive order does more than just delay the ban—it prevents state attorneys general from enforcing the law and grants exclusive enforcement power to the Justice Department. Critics argue this is an unprecedented expansion of executive power, effectively nullifying congressional authority.

Legal experts warn this could set a dangerous precedent, allowing Trump to ignore other laws that conflict with his personal or political interests. Similar concerns arose when President George W. Bush used “signing statements” to justify disregarding parts of congressional laws.

Broader Implications for Executive Power

Trump’s actions on TikTok reflect a larger pattern of expanding executive power:

  • His pardons for Jan. 6 defendants were widely criticized but faced little Republican pushback.
  • His firing of inspectors general violated legal requirements but went unchallenged.
  • His federal spending freeze has already sparked legal challenges.

The real question is whether Congress will act if Trump continues to ignore laws he dislikes. Will lawmakers allow him to extend TikTok’s reprieve indefinitely? And if he can sidestep this law, what prevents him from ignoring anti-bribery, fraud, or sanctions laws?

Conclusion

Trump’s TikTok bailout is more than just an extension for a social media app—it’s a test of whether Congress and the courts can hold him accountable. If lawmakers continue to accept this level of executive defiance, the consequences could extend far beyond TikTok.

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