Odds Are Against TikTok at the Supreme Court
The Supreme Court’s decision to hear the TikTok divestment statute case is better for TikTok than the alternative: The D.C. Circuit had upheld the statute, and now TikTok has a chance to try to reverse that.
But it’s not a high chance, I think, chiefly because the D.C. Circuit opinions on the First Amendment were detailed and careful, and were written by a highly respected and ideologically mixed group of judges: Douglas Ginsburg, a Reagan appointee; Sri Srinivasan, an Obama appointee; and Neomi Rao, a Trump appointee. Srinivasan took a different approach on the First Amendment issue than did Ginsburg and Rao, but he reached the same result: All three voted to uphold the law.
It seems to me a good bet that most of the Supreme Court Justices will take a view similar to either Ginsburg’s
Article from Reason.com
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