Fifth Circuit Keeps Doing Fifth Circuit Things 📉–SEAT v. Paxton

This case involves a Texas statute (Senate Bill 2420, the App Store Accountability Act) requiring app stores to age-authenticate their users and obtain parental consent (among other requirements). I oppose this law and all other online age authentication mandates. The district court enjoined the law after applying strict scrutiny. On appeal, the Fifth Circuit embraces its characteristic chaos. First, it stayed the injunction without issuing an opinion. This is always terrible. Lifting the injunction changes the status quo without explaining why, making it virtually impossible to appeal. Courts should never do this. The injunction stay also potentially unleashed immediate action from AG/Senate candidate Paxton, who would love to bring another lawsuit against Google and Apple to try to distract Texas voters from his multitudinous political and personal flaws. Then, a few days after staying the injunction, the Fifth Circuit issued a written opinion that, as usual, is untethered from US…