Calling for the Views of the President-Elect
[This post is co-authored by Will Baude and Richard Re and cross-posted at Re’s Judicata.]
When a new presidential administration begins, the executive branch often changes position on some cases pending before the Supreme Court. But why wait till inauguration day to hear the views of the incoming administration?
The TikTok litigation casts this question in stark relief. The statute effectively banning TikTok goes into effect on January 19, the day before President-Elect Donald Trump is slated to begin his second presidential term. Recognizing that deadline, the justices have crafted an expedited briefing schedule with oral argument on January 10.
The Biden administration will of course litigate the case. But Trump has made public statements indicating that he may be more supportive of TikTok. In this situation, it might make sense for Trump to appear as an amicus. As the imminent president, he would hardly be a run-of-the mill frie
Article from Reason.com
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