Live data from Hacker News

TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

reuters.com

21–30 of 66 posts

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#22

Earlier quoted context omitted.

Isn't overriding the will of senators literally the point of the supreme court?

No. The Supreme Court exists primarily to interpret the law, reconcile laws with other laws, and address vague language or other inconsistencies. Overriding the will of senators, immediately after a bill’s passing, is very rare and threatens their perceived legitimacy. Senators can always impeach SCOTUS judges, and to do such an act begs for it.

Judicial review has been the accepted norm since Marbury v Madison.

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#23

Earlier quoted context omitted.

No. The Supreme Court exists primarily to interpret the law, reconcile laws with other laws, and address vague language or other inconsistencies. Overriding the will of senators, immediately after a bill’s passing, is very rare and threatens their perceived legitimacy. Senators can always impeach SCOTUS judges, and to do such an act begs for it.

It is... not rare. https://constitution.congress.gov/resources/unconstitutional...

Considering Congress passes almost 500 laws per year (1229 from 2019 to 2021, 1234 [sic] from 2021 to 2023), it is a little less than 1% of cases.

But that’s just the federal branch. Your list includes states and local municipalities - which makes the real number much, much lower. Much closer, arguably, to 0.1% or less of all legislation.

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#27
If the US has any credibility in the context of its constitutional sanctity, then this "ban" will be declared unconstitutional by the us supreme court.

if this were a poker game, ByteDance would have a full house. There is just no way they can lose this case, if only because the Citizens United ruling grants their corporation personhood.

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#28
post #5

Literally what else could he possibly say in this situation?

Maybe this?

https://www.deloitte.com/global/en/about/press-room/deloitte...

Or this?

https://investor.visa.com/news/news-details/2022/Visa-Suspen...

Can't go wrong with IBM?

https://newsroom.ibm.com/Update-on-IBMs-Business-Operations-...

The legal environment changing to make continued business in country X untenable is hardly a supremely rare event.

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#29

Does he seriously think the US SCOTUS is going to override the will of 79 senators, for the sake of a company with documented ties to the Chinese Communist Party? If I was a senator, I would consider that almost treasonous. Frankly, even if you disagree with the vote, a democracy can and should be able to make such judgement calls. At that rate, the CCP should be able to buy beachfront property in California, ship mi…

> If I was a senator, I would consider that almost treasonous. The Constitution - in this case, probably the First Amendment - very clearly limits what the Senate can do. The entire three-branch system is built on checks and balances of this nature. > Frankly, even if you disagree with the vote, a democracy can and should be able to make such judgement calls. Can we vote to put redheads in extermination camps?

Determining whether to allow a business incorporated offshore to operate in our country is completely incomparable to a inherited permanent genetic trait.

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#30

Does he seriously think the US SCOTUS is going to override the will of 79 senators, for the sake of a company with documented ties to the Chinese Communist Party? If I was a senator, I would consider that almost treasonous. Frankly, even if you disagree with the vote, a democracy can and should be able to make such judgement calls. At that rate, the CCP should be able to buy beachfront property in California, ship mi…

As a thought exercise I would argue 2A protects the right of a Chinese national owning nuclear weapons legally in the US.
Post reply on HN