In April, Justice Barrett urged everyone to "read the opinion." I did so with Netchoice LLC v. Paxton, and so can you. It will only take about fifteen seconds. Indeed, my prefatory remarks here are longer than the opinion itself. Ready, here goes!
The application to vacate stay presented to JUSTICE ALITO and by him referred to the Court is granted. The May 11, 2022 order of the United States Court of Appeals for the Fifth Circuit staying the district court's preliminary injunction is vacated.
Why was the stay granted? Who knows? The shadow docket works in mysterious ways. Indeed, in Doe v. Mills, Justice Barrett laid out an intricate framework to explain when the Court should grant emergency relief. Does the Netchoice case meet that standard? Who knows? Barrett was silent. Alas, there is no opinion to read. Indeed, Barrett has been silent in many cases on the shadow docket. By my count, since Tandon v. Newsom in April 2021, Barrett has ruled against every single religious liberty claimant on the shadow docket. Swipe right for big tech, swipe left for the Becket Fund.
