The Court did not say that the law is subject to strict scrutiny. The majority holds that they need not decide whether strict or intermediate scrutiny applies because the law satisfies the more stringent test.

The concurrence by Judge Srinivasan would instead hold that the law is subject to only intermediate scrutiny and uphold the law on that basis.

Why do it this way? It takes away a potential avenue of appeal for TikTok. They can’t ask the Supreme Court to hold that the law is subject to strict scrutiny, because that issue wouldn’t help them overturn this ruling.

If you had forced the rest of the panel to choose, I think they would have landed on intermediate scrutiny.