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Chronicles

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DOJ appeals last month's ruling that blocked the TikTok ban by the White House, even as TikTok's deal with Oracle and Walmart is not yet finalized

Mike Isaac / New York Times :

New York Times Mike Isaac

Context & Ripple Effects

This appeal extends a fight already in motion: days earlier the DOJ opposed TikTok's bid to halt the ban, arguing an injunction would infringe on presidential authority, while ByteDance kept betting on a negotiated outcome — Oracle and Walmart still pursuing a TikTok US stake rather than the full sale Trump initially demanded. The deal being unfinished is what makes the legal track decisive: with no approved transaction in hand, the injunction is TikTok's only shield.

First-order effects

  • TikTok's operating reprieve is now contested at the appellate level, meaning the company cannot treat the district-court win as settled while its Oracle-Walmart restructuring sits unsigned.
  • Oracle and Walmart face a moving target: their proposed stake only has value if the ban threat is resolved, so each DOJ filing raises the risk premium on a deal they have not yet closed.

Second-order effects

  • The DOJ is running the same playbook across apps — it also appealed the September injunction against the WeChat ban without laying out grounds for reversal — signaling that any Chinese-owned app winning a lower-court reprieve should expect an automatic government appeal.
  • ByteDance's negotiating leverage shifts with each court loss or win: a sustained injunction lets it hold out against a forced full sale, while appellate reversal would push it back toward divesting on Washington's terms.

Third-order effects

  • If the pattern holds, restrictions on Chinese-owned consumer apps become a multi-year litigation fixture that outlives the administration that started them — the Biden team later asked a judge to pause this very case for review, and by late 2024 an appeals court was still declining to block a TikTok ban.
  • The durable structure emerging is one where national-security authority over foreign apps gets tested and defined in court rather than by executive order alone, setting precedents that bind future platforms caught in the same squeeze.

The trend: US policy toward Chinese-owned apps is hardening from ad-hoc executive orders into a standing legal and legislative campaign, with courts as the recurring bottleneck.

Discussion

  • @meganmorrone Megan Morrone on x
    Do we get to keep tiktok or not? I can't keep up. Probably because I watch too many tiktoks of talking animals. https://www.nytimes.com/...