Even more radical than Supreme Court conservatives: The 5th Circuit

Andrew Oldham, judge for the U.S. Court of Appeals for the 5th Circuit and former general counsel to Texas Gov. Greg Abbott, with other panelists at the Federalist Society’s 2022 National Lawyers Convention in Washington. The current Supreme Court may be the most partisan in the modern era, but to that, the U.S. Court of Appeals for the 5th Circuit says, in effect: Hold my beer.

A first-year law student could have figured out there was no standing. But the 5th Circuit’s decision to allow any screwball lawsuit in pursuit of MAGA political ends knows no bounds.Writing for the majority, Justice Amy Coney Barrett explained that officials “communicated extensively with the platforms about their content-moderation efforts” to address life-threatening messages that would have arguably lead to more covid cases and deaths.

In essence, the 5th Circuit made it up as it went along, issued a wildly overbroad injunction and indulged in a wacky new theory that Barrett also shot down. “This theory is startlingly broad, as it would grant all social-media users the right to sue over someone else’s censorship — at least so long as they claim an interest in that person’s speech,” she wrote. “This Court has ‘never accepted such a boundless theory of standing.

Source: Law Daily Report (lawdailyreport.net)

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