Comment by somenameforme

In a Supreme Court case the burden of proof is on the petitioner, and it's the duty of the Court to critically question that evidence and proof. See, for instance, comparable coverage on the Roe vs Wade case, where you will see similar grilling. [1] Something quite important is how the judges responded to the claims and the follow ups. For instance in the transcript [2] follow the dialogue from the quotes you gave versus the grilling of Prelogar, representing the government.

She was, at times, being overtly mocked with quotes from judges like, "That's your best argument is that the average American won't be able to figure out that the cat feed he's getting on TikTok could be manipulated, even though there's a disclosure saying it could be manipulated?" Prelogar in general found herself struggling to defend the claim that the attempted ban was based on data access and not content (which would be unconstitutional), why there were no alternatives if the claims were based solely on data access, and the implications for any other foreign company that has access to user data (which is basically all of them). TikTok was met with some tough questioning but generally responded competently.

[1] - https://www.scotusblog.com/2021/12/majority-of-court-appears...

[2] - https://www.techpolicy.press/transcript-us-supreme-court-ora...