5th Circuit Denies Stay Pending Supreme Court Appeal

Earlier this week, FSC and our co-plaintiffs filed a motion in the Fifth Circuit Court of Appeals requesting that the court stay the mandate — in other words, prevent Texas from enforcing the law — while we file for a writ of certiorari to secure review of the decision before the Supreme Court. The motion was denied this morning, meaning Texas can continue to enforce its law for the time being.

While today’s ruling wasn’t entirely surprising, we were again encouraged by Judge Higginbotham’s dissent, in which he argues that the stay should have been granted as the law “conflicts with Supreme Court precedent” and is “likely unconstitutional.” 

“The substantial question of law here presented begs for resolution by the high court. The decision conflicts with Supreme Court precedent and decisions of our sister circuits. And I would stay the mandate because Appellees face a risk of enforcement proceedings under the likely unconstitutional statute.”

Despite the rulings of the 5th Circuit, we believe in our case, and will continue to fight for the rights of our members, our industry, our workers and the right of adult Texans to access legal and constitutionally protected speech without the interference of the government.