Alito Seeks Texas Response to Tech Groups' SCOTUS Appeal

Supreme Court Justice Samuel Alito asked Texas to respond by Wednesday at 5 p.m. EDT to tech associations’ Friday emergency appeal of a 5th U.S. Circuit Court of Appeals order allowing the state’s social media law to be enforced (see 2205120053). Alito sought the state’s response Saturday on application 21A720. NetChoice, one of the plaintiffs, expects a court ruling could come as soon as Thursday or next week, Policy Counsel Chris Marchese told us. Alito may rule unilaterally or circulate the matter with the full court. The 5th Circuit court decided 2-1 Wednesday to grant the state’s request to stay a lower court’s preliminary injunction, meaning Texas could start enforcing its law prohibiting larger platforms from blocking, deplatforming or otherwise discriminating against users based on viewpoint or location within Texas. The plaintiffs argued Friday to the Supreme Court there's a reasonable probability that most justices would grant certiorari and a more-than-fair prospect that most justices would overrule the lower court’s decision. Denying stay would mean irreparable harm for social platforms covered by the Texas law, with no harm to Texas from keeping the status quo, they said. “The Fifth Circuit has yet to offer any explanation why the District Court’s thorough opinion was wrong,” plaintiffs wrote. The appeals “court short-circuited the normal review process, authorizing Texas to inflict a massive change to leading global websites and undoubtedly also interfering with the Eleventh Circuit’s consideration of Applicants’ challenge to the similar Florida law.” The Texas attorney general’s office didn’t comment Monday.