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Trump Signs Executive Order in Attempt to Delay TikTok Ban

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Trump Signs Executive Order in Attempt to Delay TikTok Ban

President Trump signed an executive order on Monday to delay enforcing a federal ban of TikTok for 75 days, even though the law took effect on Sunday and it is unclear that such a move could override it.

The order, one of Mr. Trump’s first acts after taking office, instructs the attorney general not to take any action to enforce the law so that his administration has “an opportunity to determine the appropriate course forward.” The order is retroactive to Sunday.

As he signed the order, Mr. Trump told reporters that “the U.S. should be entitled to get half of TikTok” if a deal for the app is reached, without going into detail. He said he thought TikTok could be worth a trillion dollars.

The order could immediately face legal challenges, including over whether a president has the power to halt enforcement of a federal law. Companies subject to the law, which forbids providing services to Chinese-owned TikTok, may determine that the order does not provide a shield from legal liability.

The federal law banning TikTok, which is owned by ByteDance, mandated that the app needed to be sold to a non-Chinese owner or it would be blocked. The only workaround provided by the law is a 90-day extension if a likely buyer is found. Even then, it is unclear if that option is viable, given that the law is already in effect. The law also restricts how much of a TikTok stake can remain under foreign ownership.

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By seeking to override the federal law, Mr. Trump raised serious questions about the limits of presidential power and the rule of law in the United States. Some lawmakers and legal experts have expressed concerns about the legality of an executive order, particularly in the wake of a Supreme Court ruling that upheld the law on Friday and the national security concerns that prompted legislators to draft it in the first place.

Former President Joseph R. Biden Jr. had signed the law, which passed overwhelmingly in Congress last year, forcing ByteDance to sell TikTok or face a ban. TikTok had faced security concerns that the Chinese government could use it to spread propaganda or collect U.S. user data. The law levies financial penalties on app stores and cloud computing providers unless they stop working with the app.

TikTok briefly went dark for U.S. users over the weekend, but returned Sunday following Mr. Trump’s social media announcement that he was planning an executive order. While the app was working again for people who have already downloaded it, it vanished from Google’s and Apple’s app stores on Saturday and remained unavailable on Monday.

Mr. Trump’s efforts to keep TikTok online have major implications for its users. The app has reshaped the social media landscape, defined popular culture and created a living for millions of influencers and small businesses that rely on the platform.

In the executive order, Mr. Trump said that his constitutional responsibilities include national security. It says he wants to consult with advisers to review the concerns posed by TikTok and the mitigation measures the company has taken already.

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The administration will “pursue a resolution that protects national security while saving a platform used by 170 million Americans,” according to the order, which called the law’s timing “unfortunate.”

The attorney general will send letters to companies covered by the law to tell them “that there has been no violation of the statute” and they won’t be held liable for providing services to TikTok during the 75 days, the order said.

That might not be enough reassurance, some legal experts said.

“I don’t think it’s consistent with faithful execution of the law to direct the attorney general not to enforce it for a determinate period,” said Zachary Price, a professor at the University of California College of the Law, San Francisco. “And even if that’s OK, the president doesn’t have the authority to eliminate the law itself and remove liability for the people who violate it while it’s not being enforced.”

TikTok and Apple did not immediately respond to requests for comment. Google declined to comment.

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TikTok’s ties to China have long raised national security concerns, including with Mr. Trump. Near the end of his first term in 2020, Mr. Trump issued an executive order that would bar app stores from making TikTok available for download. He then pushed for an American company to buy the app, but those efforts fizzled when he lost re-election.

Last year, the effort was revived by Congress and Mr. Biden signed it into law in April. The law targeted app stores, like those run by Apple and Google, and cloud computing companies. It said those companies could not distribute or host TikTok unless the app was sold to a non-Chinese owner by Jan. 19.

Mr. Trump then reversed positions. He joined the app in June and said on television in March that there are young people who would go “crazy” without TikTok.

“I guess I have a warm spot for TikTok that I didn’t have originally,” Mr. Trump said as he signed executive orders Monday evening.

TikTok challenged the law in federal court, saying it impeded its users’ rights to freedom of speech as well as the company’s own First Amendment rights. The Court of Appeals for the D.C. Circuit upheld the law in December. TikTok appealed to the Supreme Court, which on Friday also upheld the law.

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TikTok and some Democrats made a last-ditch effort to stop the law from taking effect. But on Saturday, TikTok stopped operating in the United States and disappeared from Apple’s and Google’s app stores a few hours before midnight. Users grieved its disappearance.

On Sunday morning, Mr. Trump announced on Truth Social that he would “issue an executive order on Monday to extend the period of time before the law’s prohibitions take effect, so that we can make a deal to protect our national security.” He said he would not punish companies that had violated the law to keep the app online.

Hours later TikTok restored its service to U.S. users and welcomed them back with a message: “As a result of President Trump’s efforts, TikTok is back in the U.S.!”

As he signed executive orders in the Oval Office, Mr. Trump was asked why he had changed his mind about the app.

“Because I got to use it,” he said.

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Tripp Mickle and Nico Grant contributed reporting.

Sapna Maheshwari contributed reporting

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Video: What to Know About Trump’s New Travel Ban

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Video: What to Know About Trump’s New Travel Ban

President Trump on Wednesday signed a travel ban on 12 countries, primarily in Africa and the Middle East, reviving an effort from his first term to prevent large numbers of immigrants and visitors from entering the United States. Hamed Aleaziz, who covers the Department of Homeland Security and immigration policy for The New York Times, explains what we know and don’t know about the ban.

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Fetterman disses Dems for suddenly embracing Musk amid Trump fallout

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Fetterman disses Dems for suddenly embracing Musk amid Trump fallout

NEWYou can now listen to Fox News articles!

Maverick Democratic Sen. John Fetterman dissed members of his own party Thursday for suddenly backing Elon Musk during his feud with President Donald Trump. 

Democrats have found an unlikely ally in Musk this week, given his public rejection of Trump’s “big, beautiful bill” and a subsequent call for Trump’s impeachment. 

The president has championed the legislation as fulfilling his key campaign promises, including border security, American energy production and tax cuts. 

The megabill is under consideration by both a Republican-led White House and Congress. But it has faced hiccups in the Senate this week as Republicans, including some who helped pass the bill through the House, have indicated they do not support the bill in its current form. Every House Democrat voted against the bill. 

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ELON MUSK WARPATH AGAINST TRUMP’S ‘BIG, BEAUTIFUL BILL’ RATTLES HOUSE GOP

Sen. John Fetterman, D-Pa., (left) said Democrats should make up their minds about Elon Musk.  (Reuters; Getty Images)

The national debt is at $36,214,501,400,213.64 as of June 5, according to the latest numbers published by the Treasury Department.

GOP SENATORS EXPRESS ‘CONCERNS,’ ‘SKEPTICISM’ OVER TRUMP’S SPENDING BILL AFTER MUSK RANT

Amid the setbacks, Musk has thrown a wrench into the Republican’s reconciliation process through a series of fiery posts on X, the platform he bought in 2022. And Democrats were quick to coalesce behind Musk’s rejection of the bill, seizing on the GOP’s intraparty conflict despite their outright rejection of Musk and his Department of Government Efficiency (DOGE) this year. 

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In the first of several posts targeting the bill, and then Trump directly, Musk said, “I’m sorry, but I just can’t stand it anymore. This massive, outrageous, pork-filled Congressional spending bill is a disgusting abomination. Shame on those who voted for it: you know you did wrong. You know it.”

Fetterman, who has built a reputation for bucking his own party on issues like immigration and support for Israel, was quick to call out the inconsistency of his fellow Democrats Thursday. 

Sen. John Fetterman closeup shot

Sen. John Fetterman, D-Pa., talks with a reporter after a Senate luncheon at the U.S. Capitol March 11, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

“The Dems, we’ve been dumping all over Musk and vandalizing Teslas or whatever, and now, suddenly, we might be more back into him,” Fetterman said. 

Democrats began staging protests at Tesla dealerships early into Trump’s second term. Tesla vehicles and dealerships have also been targeted this year in a string of violent attacks against the company, another business owned by Musk. Trump’s Justice Department labeled the attacks “domestic terrorism.”

And while the Pennsylvania Democrat said Musk is right for rejecting Trump’s megabill, Fetterman said Thursday Democrats have to decide what they think of Musk and stick with it. 

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Elon Musk in Oval Office with key to White House

Elon Musk holds the key to the White House, a gift he received from President Donald Trump, at a press conference in the Oval Office at the White House in Washington, D.C., May 30, 2025.  (Reuters/Nathan Howard)

“It wasn’t that long ago that Tesla was like the virtue-signaling kind of accessory for Dems,” Fetterman said. “I would never want to vandalize Teslas, and the ‘big, beautiful bill’ is wrong for America. So, from my perspective, I’ve just tried to be consistent through that.”

Rep. Ro Khanna, D-Calif., was one Democrat who acknowledged this week that Democrats should work with Musk on their shared objective to stop Trump’s “big, beautiful bill.”

And GOP Rep. Tim Burchett piled on the criticism of Democrats’ inconsistencies, telling Fox News Digital, It’s kind of ironic to me that, a week ago, the Democrats hated Elon Musk’s guts … and now they’re basing everything they have on him.”

Fox News Channel’s Chad Pergram and Fox News Media’s Dan Scully contributed to this report. 

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Supreme Court rules discrimination laws protect all equally, including 'majority group' members

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Supreme Court rules discrimination laws protect all equally, including 'majority group' members

The Supreme Court ruled Thursday that the nation’s anti-discrimination laws apply equally to all employees, regardless of whether those complaining of bias are white or Black, gay or straight.

In a short and unanimous opinion, the justices rejected as outdated and mistaken the view that “members of a majority group” must show more evidence of discrimination before they can sue and win.

Instead, the justices said the Civil Rights Act of 1964 has always prohibited workplace discrimination against “any individual” who suffers discrimination because of race, color, religion, national origin and sex, including sexual orientation.

The law “draws no distinctions between majority-group plaintiffs and minority-group plaintiffs,” Justice Ketanji Brown Jackson said.

The ruling revives a discrimination lawsuit brought by Marlean Ames, an Ohio woman who said she was demoted and discriminated against by a lesbian who became her supervisor. She was then replaced by a gay man who had less experience.

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Ames is a heterosexual woman. She sued her employer, the Ohio Department of Youth Services, and alleged she was discriminated against because of her sexual orientation.

But a federal judge rejected her discrimination claim, and the 6th Circuit Court in Cincinnati affirmed that decision. In doing so, the judges said she could not point to “background circumstances” or statistical evidence suggesting that hers was the “unusual employer who discriminates against the majority.”

Law students at the University of Virginia Law School appealed her case to the Supreme Court. They pointed out that the 6th Circuit and several other courts continue to use an outdated, two-track approach to discrimination claims.

This is not the standard in much of the nation, however. For example, they said the 9th Circuit Court based in California does not follow this approach, which would require more proof of discrimination from whites or men or heterosexuals.

But the law students said the court should hear the Ames case and clarify the law nationwide.

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Although the case did not directly involve DEI, or diversity, equity and inclusion, it gained added attention because of President Trump’s drive to rid the government of DEI policies.

Jackson said the Supreme Court for more than 50 years has steadily rejected the view that discrimination laws apply differently to different groups of people.

In Griggs vs. Duke Power in 1971, “we said that ‘[d]iscriminatory preference for any group, minority or majority, is precisely and only what Congress has proscribed.’”

A few years later, the court rejected the two-track approach, she said, “holding that Title VII [of the Civil Rights Act] prohibited racial discrimination against the white petitioners in th[at] case upon the same standards as would be applicable were they Negroes.”

Lawyers for the Biden and Trump administrations had urged the court to overrule the 6th Circuit and make clear there is no double standard for deciding discrimination claims

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In a concurring opinion, Justice Clarence Thomas noted the “majority” in the workplace differs by workplace.

“Women make up the majority of employees in certain industries, such as teaching and nursing, but the minority in other industries, such as construction.”

“Defining the ‘majority’ is even more difficult in the context of race,” he wrote. “American families have become increasingly multicultural, and attempts to divide us all up into a handful of groups have become only more incoherent with time.”

The court’s ruling in Ames vs. Ohio Department of Youth Services said the Ohio court should reopen and reconsider Ames’ claim of discrimination.

Experts in discrimination law said the decision will have an effect in some regions but not others.

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“As a practical matter, more ‘reverse discrimination’ lawsuits may survive a motion to dismiss,” said Evan Parness, an attorney at the Covington law firm in New York.

Although the decision doesn’t significantly change how federal district courts in California operate, it has implications for some courts in other parts of the country that require the higher burden of proof, said Elizabeth Beske, professor of law at American University in Washington.

The “background circumstances” rule was first applied in D.C. courts, after a white man sued the Baltimore and Ohio railroad company arguing he was discriminated against when jobs were instead given to Black and female applicants. The court held that “it defie[d] common sense to suggest that the promotion of a Black employee justifies an inference of prejudice against white co-workers in our present society.”

Columbia Law professor Olatunde C. Johnson said the “opinion is not surprising. It depends on a straightforward and sensible statutory reading of Title VII. The 6th Circuit’s ‘background circumstances’ approach was not typical, so I don’t expect the case to dramatically change employment discrimination litigation on the ground.”

Brian McGinnis, an attorney with the firm Fox Rothschild, said because the decision was unanimous, which is rare, it shows an uncontroversial and “pretty straightforward” perspective that there is no historical basis in case law for requiring extra proof from white, heterosexual or other majority groups.

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And it represents an effort by the court to streamline and eliminate the need for additional steps in litigation, he said.

There is some question as to how the change is applied, but McGinnis doesn’t expect any issues.

“There is some potential for mischief, but I don’t think it will have much change on the day-to-day operations of many employers or courts,” McGinnis said. “The short answer is, it should not change much.”

Savage reported from Washington and Hussain from Los Angeles.

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