China-based ByteDance asked a federal court to temporarily halt the law requiring TikTok to be sold or banned until Jan. 19 until the Supreme Court can review it.
The emergency filing by TikTok’s lawyers came after a US appeals court sided with the feds to uphold the law.
That ruling was a major setback for TikTok, which had argued that the law was unconstitutional and a violation of free speech.
Still, lawyers for TikTok and ByteDance said the law would “shut down TikTok—one of the most popular speech platforms in the country—to its more than 170 million domestic monthly users on the eve of the presidential inauguration.”
“Before that happens, the Supreme Court should have an opportunity, as the only appellate court with jurisdiction over this action, to decide whether to hear this extremely important case,” the companies said.
The companies also hinted at the possibility of getting help from President-elect Trump — who tried to ban TikTok during his first term in office but has recently said he no longer supports a ban.
An order “would give the incoming administration time to determine its position — which could trigger both imminent damages and the need for Supreme Court review,” TikTok and ByteDance said.
The Supreme Court has not yet said whether it will take up the case.
Representatives of Trump’s transition team did not immediately return The Post’s request for comment.
US lawmakers and the Justice Department have argued that TikTok is a national security risk that effectively functions as a tool for Chinese espionage and propaganda on American soil. Meanwhile, ByteDance and TikTok have rigorously denied any wrongdoing.
The law allows President Biden to grant a 90-day extension of the ban until January 19 if there are signs of significant progress toward selling TikTok.
ByteDance and TikTok have insisted the app is not for sale, and the Chinese government has said it will oppose any forced sale of the video-sharing app.
Several prominent US investors have expressed interest in buying TikTok if it becomes available – including the former Treasury Department. Steven Mnuchin and billionaire Frank McCourt.
Earlier this year, The Post reported that Mnuchin was looking for a partner with artificial intelligence expertise who could help him rebuild TikTok’s recommendation algorithm from scratch to address national security concerns.
Elsewhere, McCourt is said to have secured $20 billion in informal commitments towards a TikTok deal.
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