The White House is asking a federal appellate court to hold off on deciding a challenge to the prior administration's attempted ban of social video app TikTok.
In papers filed Tuesday with the 3rd Circuit Court of Appeals, the Department of Justice says the Biden administration is reviewing an executive order issued by former President Trump last August, when he said TikTok posed a security risk and mandated a ban on all U.S. transactions with the company.
“As the Biden Administration has taken office, the Department of Commerce has begun a review of certain recently issued agency actions, including the Secretary’s prohibitions regarding the TikTok mobile application,” the government writes. “The Department plans to conduct an evaluation of the underlying record justifying those prohibitions.”
The government's order comes one day before the 3rd Circuit was scheduled to hold a hearing about whether to allow the government to move forward with the TikTok ban.
In October, U.S. District Court Judge Wendy Beetlestone in the Eastern District of Pennsylvania sided with three influencers who challenged the ban in court. Beetlestone said the ban wasn't authorized by the International Emergency Economic Powers Act, and issued an injunction prohibiting the government from enforcing it.
The Trump administration appealed that injunction to the 3rd Circuit, arguing that Beetlestone's ruling “disrupts national security efforts.”
TikTok has also suspended an effort to sell a stake in its company to Oracle and Walmart, given the Biden administration's review.