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Reason
Reason
Politics
Eugene Volokh

Supreme Court Reinstates Stay of Texas Social Media Law (Pending Appeal); Justices Alito Dissents

From the Supreme Court today in Netchoice, LLC v. Paxton; this isn't a decision on the merits, but only a decision on whether the Texas social media viewpoint neutrality law should be stayed pending appeal. The district court, which said the law was likely unconstitutional, had said stay; the Fifth Circuit, which hasn't yet announced a decision on the merits, had said no stay; the Supreme Court, again without a decision on the merits, says stay (again, pending appeal).

Chief Justice Roberts, joined by Justices Breyer, Sotomayor, Kavanaugh, and Barrett voted to vacate the Fifth Circuit's decision, which is to say voted to put the Texas law on hold pending appeal.

Justice Kagan voted to deny the application to vacate the stay (with no further comment), which means she would have kept the Texas law in effect pending appeal.

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