5th Circuit Grants DOJ Immediate Mandate in Pared-Down Injunction vs. White House
The 5th U.S. Circuit Court of Appeals, in a Monday afternoon order (docket 23-30445), denied DOJ’s emergency motion for a partial stay, pending its issuance of a mandate, of U.S. District Judge Terry Doughty’s July 4 injunction barring dozens of…
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Biden administration officials from pressuring social media companies to moderate their content (see 2309110001). The 5th Circuit granted DOJ’s alternative motion to issue the mandate immediately, putting into effect the significant changes in the injunction that the court imposed in its Friday opinion. That opinion vacated the injunction as it applied to officials from three federal agencies, and it struck nine of the 10 prohibitions barring unlawful First Amendment conduct against officials from the White House, the Office of the Surgeon General, the FBI and the Centers for Disease Control and Prevention. DOJ’s emergency motion had sought either form of relief to avoid the “improper result” of allowing the district court’s preliminary injunction to regain effect after the administrative stay expires Sept. 18, even after having been held “invalid” by the 5th Circuit. In the normal course of business, the mandate wouldn’t have issued until Oct. 31. DOJ’s emergency motion had asked the 5th Circuit for a ruling by Wednesday. The court instead took less than three hours to render an order.