A three-judge panel of the U.S. Court of Appeals for the District of Columbia will decide by December 6 whether to uphold legislation requiring ByteDance to divest TikTok U.S. operations or face a ban. 

The ruling, which typically occurs on Tuesdays and Fridays, will address legal challenges from TikTok and its users regarding the January 19 divestment deadline.

According to Reuters, circuit Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg are evaluating three potential outcomes. The court could uphold the law, forcing TikTok to appeal to the Supreme Court or the full D.C. circuit. Alternatively, it could validate the legislation while questioning its constitutionality under the “Bills of Attainder” prohibition, which prevents laws from targeting specific entities. This scenario might require the government to formally certify TikTok as a national security threat.

The Justice Department – which recently filed a lawsuit against TikTok for “massive-scale” invasion of child privacy – maintains that Chinese ownership of TikTok, which serves 170 million American users, presents national security risks due to its access to personal data and potential for covert manipulation of user content. ByteDance and TikTok have countered that the law violates constitutional free speech protections and threatens open internet principles.

President-elect Donald Trump has stated he will oppose any TikTok ban, adding another layer of complexity to the pending decision. The platform’s chief, Shou Zi Chew, has also contacted Elon Musk to seek guidance ahead of the second Trump administration.

Earlier this month, Democratic senator Richard Blumenthal noted that Trump cannot override the divestment law, stating, “If he wants to change the law, he can try, but the sentiment is pretty strong here in favor of that law.”

As per Reuters, if the court rules the law unconstitutional, the Justice Department may appeal to either the Supreme Court or the full appeals court panel.