Fifth Circuit Clinton/Obama/Trump 3-Judge Panel Pauses the District Court’s Preliminary Injunction

[johnkarls]

.
Per the Washington Post article that follows immediately below, a 3-judge panel of the Fifth Circuit paused the preliminary injunction a few minutes ago.

The order does NOT YET appear on the Fifth Circuit’s website - https://www.ca5.uscourts.gov/electronic ... t-opinions.

[The court apparently updates its website only once daily.]

Although the Washington Post has performed admirably by obtaining the order within minutes and by researching/publishing which US Presidents appointed each of the 3 judges on the panel, the WaPo article does not point out –

(1) The plaintiffs/appellees should be able to request a “re-hearing en banc” – i.e., a re-hearing by ALL of the Fifth Circuit Judges, and

(2) US Supreme Court Justice Alito (who, as mentioned in previous posts, is assigned to policing the Fifth Circuit and its District Courts) could overrule overnight the Fifth Circuit’s order – though a previous post commented that “it would appear that the US Gov is betting that Justice Alito would refrain if the US Gov is lucky in the Fifth Circuit.”

Since Reading Liberally is a non-partisan public-policy study/action organization, it is respectfully suggested that we focus in our July 19 meeting on the public policy in this imbroglio, rather than the procedural developments that are occurring with increasing frequency.


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https://www.washingtonpost.com/technolo ... tion=alert


5th Circuit pauses order restricting Biden administration’s tech contacts
The stay follows a request from the Justice Department, which warned the sweeping order could chill law enforcement activity

By Cat Zakrzewski - a technology policy reporter, tracking Washington's efforts to regulate Silicon Valley companies. Her reporting covers antitrust, privacy and the debate over regulating social media companies.

Updated July 14, 2023 at 3:42 p.m. EDT - Published July 14, 2023 at 3:32 p.m. EDT


The 5th Circuit Court of Appeals on Friday granted a temporary stay of a July 4 order putting sweeping limitations on the Biden administration’s communications with social media companies.

The stay was granted by a panel of 5th Circuit judges, which includes Clinton-appointee Carl E. Stewart, Obama-appointee James E. Graves and Trump-appointee Andrew S. Oldham. Oldham last year wrote an opinion upholding a Texas social media law, which bars social media companies from removing posts based on a person’s political ideology.

The stay comes after a request last week from the Biden Department of Justice, which warned U.S. District Judge Terry A. Doughty’s order could chill law enforcement activity to protect national security interests.

This is a developing story. Please check back for updates.