4 ms·
Assuming Biden signs this this week - would Trump be able to undo it assuming he wins? Essentially making this an election subject.
by throwaway4good 2y ago
Assuming Biden signs this this week - would Trump be able to undo it assuming he wins? Essentially making this an election subject.
- drpossum 2y agoNo, because in the US congress needs to act to repeal a law. He would not be able to "undo" it by himself.
- throwaway4good 2y agoDoesn’t the text of this law leave it to the president’s discretion?
- throwaway4good 2y agoFor example the list of “foreign adversaries” is under the sitting president’s discretion.
- deleted 2y ago[deleted]
- pb7 2y agoPresident’s discretion is in addition to the specifically listed companies, which is TikTok. Don’t think it can be removed, only added to.
- throwaway4good 2y agoI would guess without being a lawyer that the specific mention of ByteDance/TikTok is what is easiest to challenge in court.
- Dalewyn 2y agoNo. The POTUS as part of the Executive Branch serves to Execute laws Legislated by Congress as the Legislative Branch. The Supreme Court or a lower court could Judge the law to be unconstitutional as the Judiciary Branch, and to that end the POTUS can nominate judges and the Senate can approve or deny them. The only thing POTUS can unilaterally enact and/or revoke are Executive Orders, which themselves are grounded in laws Legislated by Congress and Judged by the courts as necessary.
- perihelions 2y agoLikely yes, because "determination of the President" occurs five times in the text of bill, https://www.congress.gov/bill/118th-congress/house-bill/7521/text https://www.congress.gov/bill/118th-congress/house-bill/7521...
- Dalewyn 2y agoSpecifically with regards to Tiktok, the answer is a flat and simple no as written in Section 2, Subsection (g)(3)(A): https://www.congress.gov/bill/118th-congress/house-bill/7521/text#HB5568894B1D94B058BC0D19DB8093F39 https://www.congress.gov/bill/118th-congress/house-bill/7521... >(3) FOREIGN ADVERSARY CONTROLLED APPLICATION.—The term “foreign adversary controlled application” means a website, desktop application, mobile application, or augmented or immersive technology application that is operated, directly or indirectly (including through a parent company, subsidiary, or affiliate), by— >(A) any of— >(i) ByteDance, Ltd.; >(ii) TikTok; >(iii) a subsidiary of or a successor to an entity identified in clause (i) or (ii) that is controlled by a foreign adversary; or >(iv) an entity owned or controlled, directly or indirectly, by an entity identified in clause (i), (ii), or (iii);
- throwaway4good 2y agoSo selling ByteDance wouldn’t work?
- 2OEH8eoCRo0 2y agoBiden said he will sign it this morning. Nobody can undo it without a new bill passing through congress to undo it.