• Steve Vladeck dishes on Pam Bondi’s letters to tech companies regarding TikTok and the Protecting Americans from Foreign Adversary Controlled Applications Act in his July 7 One First blog. An excerpt:
“The tricky part here isn’t that Bondi’s approach is blatantly unconstitutional; it’s that it’s difficult to remedy through litigation. As Rozenshtein has pointed out, it’s not at all clear who might have standing to challenge the letters (or the Trump administration’s broader behavior vis-a-vis TikTok) in court. Perhaps one of TikTok’s competitors could, but there are some fairly obvious political reasons why they might choose not to do so. And so here, again, we come back to what has been the most fundamental breakdown in the separation of powers over the last 5.5 months—the fecklessness of Congress.”