Florida enacted a law that prohibits restaurants and bars from showing "adult live performances" to children. A restaurant in Orlando named Hamburger Mary's challenged the law on First Amendment grounds. The District Court agreed, and enjoined the state from enforcing the law against Hamburger Mary's, and any other entity. In other words, the court granted relief to non-parties. This was a universal injunction. (See Howard Wasserman's post from July.) The Eleventh Circuit denied a stay pending appeal. Florida sought partial relief from the Supreme Court. Specifically, the state asked the Supreme Court to limit the relief to Hamburger Mary's.
The Supreme Court denied Florida's application. Justices Thomas, Alito, and Gorsuch would have granted the application, though they did not provide any reasoning. Justice Kavanaugh wrote a three-page concurrence, which Justice Barrett joined, with the exception of a footnote–more on that footnote later.
There is some good, some bad, and some ugly.
