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Two days after the appeals court issued its stay, NetChoice and CCIA petitioned the Supreme Court to vacate the stay and reinstate the district court's injunction. They argued that the Fifth Circuit's unexplained order deprived them of "careful review and a meaningful decision" and that reinstating the district court's stay would preserve the ...
On October 22, 2021, the Supreme Court declined to grant the DOJ's emergency request to lift the Fifth Circuit's stay of Judge Pitman's preliminary injunction against Texas, but granted the petition for certiorari before judgment and set oral arguments for November 1, 2021, along with an accelerated briefing schedule.
Legal experts, speaking to Reuters, said that while the case has merit, Doughty's preliminary injunction will face tough legal challenges on appeal. [19] On July 14, 2023, the Fifth Circuit granted a temporary administrative stay of the injunction until further order. [20]
The justices acted after the New Orleans-based 5th U.S. Circuit Court of Appeals allowed the injunction to take effect ahead of a Jan. 13 deadline that most companies had faced to submit their ...
The 5th Circuit declined to rule on the subsequent injunction until it hears arguments on the original question presented in the case. After Wendler canceled the show last March, he sent an email ...
The appeals court narrowed a preliminary injunction against such meddling but confirmed the threat that it poses to freedom of speech.
The court held a bench trial in February 2022 about the legality of the final guidance. On June 10, 2022, the court held the final guidance violated the Administrative Procedure Act, and vacated it. On July 6, 2022, a panel of the Fifth Circuit denied a stay pending appeal, holding the Supreme Court's intervening decision in Garland v.
The United States Court of Appeals for the Fifth Circuit denied a stay pending appeal, [8] as did the Supreme Court, the latter in a 6–3 vote. [9] In December, the Fifth Circuit again ruled against the federal government, this time on the merits of the appeal. [10] The federal government filed a petition for a writ of certiorari. [11]