I think this is different. I generally feel like executive orders are 1) used to take some kind of affirmative step that the dysfunction in congress is blocking 2) have some level of defensible legal theory. This feels like the opposite. My understanding of the 90 day extension is that it's supposed to be there to allow a deal to close, but there is no evidence I've seen of a deal being worked on so the legal theory seems to be really flimsy. Disregarding a law, while not unprecedented, is not a great sign given some of the incoming administration statements on a ton of other topics.
>My understanding of the 90 day extension is that it's supposed to be there to allow a deal to close
It is also important to recognize that Trump isn't just talking about invoking the 90 day extension. He is promising companies they won't be held responsible for the fines they should be accruing for violating the law before he even takes office.
Biden is still the president and he’s not enforcing the law. It’s not clear to me that the president can’t grant an extension later once all the statutory requirements are met. What’s the difference between one day and say 10 days?
Putting that aside, the legal theory here—where an exception is there for this purpose and we’re quibbling about its application—is nowhere close to “flimsy” when it comes to constraints on executive prosecutorial discretion.
Biden's ability to enforce the law seems to be pretty constrained given the amount of time left in his term. Like asking Garland to start a prosecution isn't exactly practical. I think it's also worth noting that TikTok was complying with the ban until they were given a signal by the incoming administration that they weren't planning on enforcing it.
The text of the law isn't totally unambiguous, but I still think it's quite clear that the conditions where a 90 day extension could be granted aren't being met, so we'll have to agree to disagree on how flimsy it is.
