Updated: Overnight, the Supremes agreed to hear the challenge before January 19, 2024. Stay tuned — end update.

I do think Tik-Tok should be allowed to continue in the US. And — despite what Trump 1.0 tried, there is absolutely zero chance that an executive order, serving alone — can Constitutionally support such a banning. That is what Trump failed at doing.

Congress under Mr. Biden then passed a law. It still faced strict scrutiny. And my guess is that the Supremes will strike it down. But we shall see.

Here’s the amici take on it, just filed overnight. One of the lawyers on brief clerked for Scalia. And here’s the application for a Supremes’ injunction, proper.

So, I suspect Chief Justice Roberts will pay especially close attention to what these lawyers wrote.

[For the record, as of this past summer, Trump 2.0 claims he’s now in favor of allowing Tik-Tok to stay in the US. Why would I believe that, if he thinks he can extract personal payments, for modifying his preposterous 1.0 position?]

Onward, grinning — outta’ here in about 20 hours — to the desert.