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Illustration: Sarah Grillo/Axios

A federal court judge on Sunday granted TikTok's request for a temporary restraining order against a ban by the Trump administration.

Driving the news: Judge Carl Nichols on Monday unsealed his opinion, in which he concluded that the ban seeks to regulate the exchange of "informational materials" — something that's expressly exempted from the law laying out the emergency powers Trump invoked.

  • Nichols, a Trump appointee, also said it was "not plausible that the films, photos, art, or even personal information U.S. users share on TikTok fall within the plain meaning of the Espionage Act," another law Trump's order cited in setting out a national security rationale for a ban.

Why it matters: Americans will be able to continue downloading one of the country's most popular social media and entertainment apps — at least for now.

What TikTok is saying: "We're pleased that the court agreed with our legal arguments and issued an injunction preventing the implementation of the TikTok app ban. We will continue defending our rights for the benefit of our community and employees.

  • "At the same time, we will also maintain our ongoing dialogue with the government to turn our proposal, which the President gave his preliminary approval to last weekend, into an agreement."

What the White House is saying, via a statement from the U.S. Commerce Department: “The E.O. is fully consistent with the law and promotes legitimate national security interests. 

  • "The Government will comply with the injunction and has taken immediate steps to do so, but intends to vigorously defend the E.O. and the Secretary’s implementation efforts from legal challenges."

Here's the full text, via DocumentCloud.

Go deeper: White House pushes to uphold TikTok ban

Editor's note: This story has been updated to include material from the unsealed opinion.

Go deeper

Barrett declines to say whether a president can unilaterally delay election

Supreme Court nominee Judge Amy Coney Barrett declined to tell the Senate Judiciary Committee on Tuesday if she believes the president has the unilateral authority to delay an election, arguing that giving "off-the-cuff answers" would essentially make her a "legal pundit."

Why it matters: President Trump suggested he could delay the election earlier this year. But he has no authority to unilaterally do so under the Constitution. It would take a change in federal law to move the date of the election — which would have to be approved by both chambers of Congress.

2 hours ago - Health

Ipsos poll: COVID trick-or-treat

Data: Axios/Ipsos poll; Note ±3.3% margin of error for the total sample size; Chart: Andrew Witherspoon/Axios

About half of Americans are worried that trick-or-treating will spread coronavirus in their communities, according to this week's installment of the Axios/Ipsos Coronavirus Index.

Why it matters: This may seem like more evidence that the pandemic is curbing our nation's cherished pastimes. But a closer look reveals something more nuanced about Americans' increased acceptance for risk around activities in which they want to participate.

Updated 10 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Health: The good and bad news about antibody therapies — Fauci: Hotspots have materialized across "the entire country."
  2. World: Belgium imposes lockdown, citing "health emergency" due to influx of cases.
  3. Economy: Conference Board predicts economy won’t fully recover until late 2021.
  4. Education: Surge threatens to shut classrooms down again.
  5. Technology: The pandemic isn't slowing tech.
  6. Travel: CDC replaces COVID-19 cruise ban with less restrictive "conditional sailing order."
  7. Sports: High school football's pandemic struggles.
  8. 🎧Podcast: The vaccine race turns toward nationalism.