Carrie Cordero:
Well, so that would totally change things, depending on which way the court rules.
Based on their oral arguments last week, the indications from the questions that the justices were asking are that the court intends to uphold the law, in other words, keep the divestment ruling in place, and, eventually, if there’s no buyer in the next few days, that the app would not be as available as it currently is.
I think there is a legal path for the court to have ruled on First Amendment grounds and to actually rule in favor in TikTok. But, again, the argument did not indicate that that’s the direction the court’s going.
