DOJ Files for Emergency Stay of Social Media Injunction, Hints at Taking Case to SCOTUS

DOJ, within hours of the denial of its motion for a stay in the injunction that bars dozens of Biden administration officials from conversing with social media companies for the purpose of suppressing right-leaning content, filed an emergency motion Monday at the 5th U.S. Circuit Court of Appeals (docket 23-30445) for a stay pending appeal.

The 5th Circuit, “at a minimum,” should stay the injunction “to the extent it extends beyond actions specifically targeting content posted by plaintiffs,” said DOJ’s motion. The 5th Circuit should also grant an immediate administrative stay “to permit the orderly briefing and disposition of this motion,” it said. If the 5th Circuit declines to grant a longer stay, it should at a minimum stay the injunction for 10 days to permit the U.S. Supreme Court “to consider an application for a stay, should the Solicitor General elect to file one,” it said.