Cert granted in FSC v. Paxton, where the 5th Circuit ignored binding precedent on the standard of scrutiny applying to content-based, Internet speech restrictions.
Giving SCOTUS yet another opportunity to wonder aloud if the 5th Cir. has the collective legal reasoning skills of a jelly donut.
The 5th Circuit's clear and rather obvious misapplication of the law was recently noted by a District Court judge in Indiana, who criticized it and enjoined a similar law.
bsky.app/profile/aric...
I imagine that it's very fun to be a district court judge urged to follow another circuit's terrible opinion, because you really don't have to refrain from saying "that court is on drugs"
Ari, I honestly don't know how to feel about SCOTUS news anymore. Even after the Netchoice opinions, I only have dread about this. And I can't tell if that's driven by residual trauma from the past week, or if it's just grim realism at the state of SCOTUS.
The 5th Cir. won't care. It's not like they're going to lose their jobs over it. And for some of them (Ho), it's just an interview for the next level job opening.
