Though Republican majorities will control both the Senate and the House of Representatives come January, and deference to Trump is high, a repeal could create an awkward test of loyalty. Ardent Trump supporters, including his choice for Secretary of State, Senator Marco Rubio, were outspoken in arguing for the law.
Trump enters office constitutionally limited to one final four-year term. In contrast, lawmakers seeking re-election in the years ahead may suffer for flip-flopping at Trump’s whim.
SCENARIO 4: NON-ENFORCEMENT
President Trump could instruct the Justice Department to hold off on enforcement of the ban. Although a presidential administration has broad discretion to set federal law enforcement priorities, ignoring recently passed legislation – with robust bipartisan support – would be a controversial move.
The ban would prohibit app stores from allowing users to download the app. So a non-enforcement policy would create legal uncertainty for stakeholders like Apple and Alphabet.
The law appears to allow some leeway to delay or avoid enforcement. Trump’s team could exploit an apparent loophole and argue that TikTok’s efforts to insulate Americans’ user data from ByteDance’s control mean it is no longer “controlled” by a foreign adversary.
CHANGING TIDES
What happens next is difficult to predict. But the political will to enact a TikTok ban appears to have waned. In August, a Pew opinion poll showed support for a ban has fallen to around one-third of Americans, down from a peak of one-half over a year before.
Since then, TikTok has become more ingrained in Americans’ lives. Biden’s campaign had an account even as the president was signing the legislation. Vice President Kamala Harris’s and Trump’s campaigns were both active on the platform. Though it was a divisive election, so far, there have been fewer criticisms of social media platforms for failing to curb misinformation compared to previous years.
