State attorneys general ask SCOTUS to uphold TikTok divest-or-ban law amid Trump request to pause ban

The Republican attorneys general of Virginia and Montana recently filed an amicus brief asking the Supreme Court to require TikTok to sever its ties with the Chinese Communist Party (CCP) as the fate of the social media platform in the U.S. remains uncertain.

The amicus brief, filed Friday, came the same day President-elect Trump filed an amicus brief of his own, asking the Supreme Court to pause the TikTok ban and allow him to make executive decisions about TikTok once he is inaugurated.

In an announcement, Virginia Attorney General Jason Miyares said he, along with Montana Attorney General Austin Knudsen and other state legal officials, had recently petitioned the Supreme Court to uphold the divest-or-ban law against TikTok.

The social media company has been intensely scrutinized over its parent company, ByteDance, which is connected to the CCP. In his brief, Miyares argued whistleblower reports prove ByteDance has shared sensitive information with the CCP, including Americans’ browsing habits and facial recognition data.

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“Allowing TikTok to operate in the United States without severing its ties to the Chinese Communist Party exposes Americans to the undeniable risks of having their data accessed and exploited by the Chinese Communist Party,” Miyares said in a statement. “Virginians deserve a government that stands firm in protecting their privacy and security.

“The Supreme Court now has the chance to affirm Congress’s authority to protect Americans from foreign threats while ensuring that the First Amendment doesn’t become a tool to defend foreign adversaries’ exploitative practices.”

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Trump’s brief said it was “supporting neither party” and argued the future president has the right to make decisions about TikTok’s fate. Steven Cheung, Trump’s spokesman and the incoming White House communications director, told Fox News Digital Trump’s decision-making would “preserve American national security.”

“[The brief asked] the court to extend the deadline that would cause TikTok’s imminent shutdown and allow President Trump the opportunity to resolve the issue in a way that saves TikTok and preserves American national security once he resumes office as president of the United States on Jan. 20, 2025,” Cheung said.

Trump’s brief notes he “has a unique interest in the First Amendment issues raised in this case” and that the case “presents an unprecedented, novel, and difficult tension between free-speech rights on one side, and foreign policy and national-security concerns on the other.”

“As the incoming Chief Executive, President Trump has a particularly powerful interest in and responsibility for those national-security and foreign-policy questions, and he is the right constitutional actor to resolve the dispute through political means,” Trump’s brief said.

Fox News Digital’s Brooke Singman contributed to this report.