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Earlier this week, FSC and our co-plaintiffs filed a movement within the Fifth Circuit Courtroom of Appeals requesting that the courtroom keep the mandate — in different phrases, forestall Texas from imposing the legislation — whereas we file for a writ of certiorari to safe evaluate of the choice earlier than the Supreme Courtroom. The movement was denied this morning, which means Texas can proceed to implement its legislation in the meanwhile.
Whereas at present’s ruling wasn’t totally shocking, we had been once more inspired by Decide Higginbotham’s dissent, wherein he argues that the keep ought to have been granted because the legislation “conflicts with Supreme Courtroom precedent” and is “possible unconstitutional.”
“The substantial query of legislation right here offered begs for decision by the excessive courtroom. The choice conflicts with Supreme Courtroom precedent and choices of our sister circuits. And I might keep the mandate as a result of Appellees face a threat of enforcement proceedings beneath the possible unconstitutional statute.”
Regardless of the rulings of the fifth Circuit, we consider in our case, and can proceed to battle for the rights of our members, our business, our staff and the best of grownup Texans to entry authorized and constitutionally protected speech with out the interference of the federal government.
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