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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

Facebook will resume political ad ban in Georgia after polls close

Photo: Chesnot/Getty Images

Following the Georgia runoff elections, the Facebook ban that restricts ads on social issues, elections and politics nationwide will be reimplemented in the state, the company said on Tuesday.

The big picture: The company has been trying to adapt its political ad policies in real time to curb confusion and possible misinformation around the election results.

DHS temporarily suspends use of horse patrol in Del Rio

U.S. Border Patrol agents watch as Haitian immigrant families cross the Rio Grande from Mexico into Del Rio, Texas on Sept. 23, 2021. Photo: John Moore/Getty Images

The Department of Homeland Security on Thursday temporarily suspended the use of horse patrol in Del Rio, Texas a DHS spokesperson confirmed.

Why it matters: The suspension comes after images showing border patrol agents whipping at and charging their horses at migrants surfaced earlier in the week, prompting widespread criticism of the Biden administration's handling of the crisis at the border.

Southwest drought is worst on record, NOAA finds

In a stark new report, a team of NOAA and independent researchers found the 2020-2021 drought across the Southwest is the worst in the instrumental record, which dates to 1895.

Why it matters: They also concluded that global warming is making it far more severe, primarily by increasing average temperatures, which boosts evaporation.