Earlier this week, FSC and our co-plaintiffs filed a movement within the Fifth Circuit Courtroom of Appeals requesting that the court docket keep the mandate — in different phrases, forestall Texas from implementing the legislation — whereas we file for a writ of certiorari to safe assessment of the choice earlier than the Supreme Courtroom. The movement was denied this morning, which means Texas can proceed to implement its legislation in the interim.
Whereas right now’s ruling wasn’t totally shocking, we have been once more inspired by Decide Higginbotham’s dissent, by which he argues that the keep ought to have been granted because the legislation “conflicts with Supreme Courtroom precedent” and is “doubtless unconstitutional.”
“The substantial query of legislation right here introduced begs for decision by the excessive court docket. The choice conflicts with Supreme Courtroom precedent and selections of our sister circuits. And I might keep the mandate as a result of Appellees face a danger of enforcement proceedings beneath the doubtless unconstitutional statute.”
Regardless of the rulings of the fifth Circuit, we consider in our case, and can proceed to battle for the rights of our members, our trade, our staff and the proper of grownup Texans to entry authorized and constitutionally protected speech with out the interference of the federal government.
