SCOTUS rejects NetChoice's emergency appeal to block a Mississippi law that requires age verification and parental consent for teens to join social networks
Also: There are other big pending applications. Gabriel Malor / @gabrielmalor : It's absurd. SCOTUS has held that even temporary violations of the First Amendment constitute irreparable harm. — So if merits and harm are on NetChoice's side, they're really signaling that Mississippi and the public interest is harmed by not letting a likely unconstitutional law go into effect. … Steven Mazie / @stevenmazie : Hard to say if Kav speaks for a majority, but signaling that the law is probably unconstitutional yet can remain in effect bc its effects aren't dire is interesting in light of how SCOTUS has handled some Trump emergency applications... [embedded post] Steve Vladeck / @stevevladeck : #SCOTUS would have a much easier job convincing people that it was taking the balancing of the equities seriously in granting/denying emergency relief if anyone in the majority in any of these cases ever bothered to actually explain *how* they were balancing the equities. Not so much here. Steve Vladeck / @stevevladeck : #SCOTUS *denies* emergency application from NetChoice seeking to put Mississippi's age-verification-for-social- media law back on hold. — Kavanaugh concurs, noting that NetChoice is likely to prevail on the merits, but that he's denying relief anyway because of the equities (which he doesn't address):
Note: When thinking about justices' statements and public votes on applications, there are sometimes incentives to keep it off the docket if they think the merits issue could be coming soon. (I'm thinking particularly about the Dem appointees here.) — Also: There are other big…
It's absurd. SCOTUS has held that even temporary violations of the First Amendment constitute irreparable harm. — So if merits and harm are on NetChoice's side, they're really signaling that Mississippi and the public interest is harmed by not letting a likely unconstitutional…
Hard to say if Kav speaks for a majority, but signaling that the law is probably unconstitutional yet can remain in effect bc its effects aren't dire is interesting in light of how SCOTUS has handled some Trump emergency applications... [embedded post]
#SCOTUS would have a much easier job convincing people that it was taking the balancing of the equities seriously in granting/denying emergency relief if anyone in the majority in any of these cases ever bothered to actually explain *how* they were balancing the equities. Not so…
#SCOTUS *denies* emergency application from NetChoice seeking to put Mississippi's age-verification-for-social- media law back on hold. — Kavanaugh concurs, noting that NetChoice is likely to prevail on the merits, but that he's denying relief anyway because of the equities (wh…