[henryfjordan]

From the ACLU amicus brief (linked in the article)

> Although the D.C. Circuit ostensibly applied strict scrutiny in upholding the ban, it subjected the government’s assertions to little genuine scrutiny in the end

Does the author understand checks-and-balances? The DC Circuit found that Congress did a lot to try to investigate and come to an agreement with Bytedance that would resolve their concerns. After all that, it's Congress' power to decide what to do, not the courts. They are not just allowed to second-guess congress. They can only look at the "how" of the law, the "why" is largely non-justiciable. And if the goal is to stop CCP speech, through the TikTok algo, then there's really nothing to do other than ban TikTok.

Personally I think the ban is xenophobic and we should instead regulate ALL of these apps (X, Meta...) but it is legal