Noel Francisco will appear before the Supreme Court in a bid to keep the video platform in the US
TikTok has tapped former US solicitor general Noel Francisco to represent the social media app and its China-headquartered parent ByteDance in a Supreme Court appeal to remain in the US, reported Reuters.
The appeal is in response to a law signed by outgoing US President Joe Biden in April. The law required ByteDance to divest TikTok by January 19, 2025, or the social media app would be blocked in the US. This law was supported by the U.S. Court of Appeals for the D.C. Circuit last week.
The justice department said that the app posed a threat to Americans’ personal data because the Chinese government could force ByteDance to share the data and subtly influence the information US-based users consumed through the platform. TikTok argued that it was not subject to the Chinese government.
The appeals court said in a statement published by Reuters that its decision was the outcome of a collaborative effort between Democrats and Republicans in line with “a broader effort to counter a well-substantiated national security threat posed by the PRC (People's Republic of China).”
In its Supreme Court appeal, TikTok seeks to halt the legislation. As per court documents, Francisco will act for TikTok and ByteDance alongside partner Hashim Mooppan at global firm Jones Day.
Francisco was solicitor general during US President-elect Donald Trump’s first term in office. Over 2017-2020, Francisco was the leading Supreme Court advocate at the justice department and had acted in over 20 cases before the court. He also defended Trump’s block on immigrants from six predominantly Muslim countries.
According to Reuters, Francisco, Mooppan and Jones Day did not immediately provide comments on request, while the justice department indicated that it would not comment. TikTok also did not comment on the hiring of Francisco for its legal team.
In July, Trump had voiced his support of TikTok. Andrew Pincus, a partner at global firm Mayer Brown, was on the TikTok legal team when it went to appeals court.
