BREAKING: The Fifth Circuit vacates the injunction against Texas's anti-drag law [View all]

BREAKING: The Fifth Circuit vacates the injunction against Texas's anti-drag law, but remands for further consideration of one part of the challenge — a facial challenge to AG Paxton's enforcement of Part One of the law.

Background: www.lawdork.com/p/texass-ant...

— Chris Geidner (@chrisgeidner.bsky.social) 2025-11-06T17:39:02.033Z

The court held that most plaintiffs lack standing, but that at least one has standing to challenge Paxton's potential enforcement of Section One.

Because the consideration of that challenge happened before SCOTUS decided Moody v. NetChoice (see below), the case is reminded to use that standard.

— Chris Geidner (@chrisgeidner.bsky.social) 2025-11-06T17:42:01.285Z

Here is the court's opinion: storage.courtlistener.com/recap/gov.us...

— Chris Geidner (@chrisgeidner.bsky.social) 2025-11-06T17:42:32.018Z

The opinion and vote itself is a little complicated. The opinion is by Engelhardt (Trump), joined by Southwick (GWB), and Dennis (Clinton) concurs in part and dissents in part.

The main dispute is over a footnote (first and second images) from the majority opinion, which Dennis calls out (third).

— Chris Geidner (@chrisgeidner.bsky.social) 2025-11-06T17:49:02.651Z

Here is that opinion: storage.courtlistener.com/recap/gov.us...

— Chris Geidner (@chrisgeidner.bsky.social) 2025-11-06T17:57:39.855Z

What does all of this mean?

The injunction blocking the law's enforcement will be lifted, but expect quick movement at the district court to consider the remaining challenge — covering Paxton — under the Supreme Court's Moody test for reviewing such First Amendment challenges.

— Chris Geidner (@chrisgeidner.bsky.social) 2025-11-06T18:01:24.619Z