It's really quite funny to read the timeline in the opinion.
Essentially, Trump started the TikTok ban, Biden continued it, and Congress finally put it into law. And now both Trump and Biden, as well as Congress, are shying away from actually enforcing the ban.
• In August 2020, President Trump issued an Executive
Order finding that “the spread in the United States of mobile applications developed and owned by companies in
[China] continues to threaten the national security, foreign
policy, and economy of the United States.”
• President Trump determined
that TikTok raised particular concerns, noting that the
platform “automatically captures vast swaths of information from its users” and is susceptible to being used to
further the interests of the Chinese Government.
• Just days after issuing his initial Executive Order, President Trump ordered ByteDance Ltd. to divest all interests
and rights in any property “used to enable or support
ByteDance’s operation of the TikTok application in the
United States,” along with “any data obtained or derived
from” U. S. TikTok users.
• Throughout 2021 and 2022, ByteDance Ltd. negotiated
with Executive Branch officials to develop a national security agreement that would resolve those concerns. Executive Branch officials ultimately determined, however, that
ByteDance Ltd.’s proposed agreement did not adequately
“mitigate the risks posed to U. S. national security interests.” 2 App. 686. Negotiations stalled, and the parties
never finalized an agreement.
• Against this backdrop, Congress enacted the Protecting
Americans from Foreign Adversary Controlled Applications
Act.