The state plans to file a petition urging the Supreme Court to take up the case, and the online industry groups NetChoice and the Computer & Communications Industry Association plan to file a cross-petition seeking Supreme Court review, according to a joint motion filed Friday at the Atlanta-based appeals court.
NetChoice and the Computer & Communications Industry Association challenged the law, and Hinkle in June 2021 issued a preliminary injunction, calling the law “riddled with imprecision and ambiguity.” That led the state to take the case to the appeals court.
NetChoice and the Computer & Communications Industry Association quickly asked the U.S. Supreme Court to vacate the stay, and the justices agreed in a 5-4 decision May 31. While that decision at least temporarily prevented the Texas law from taking effect, it did not resolve the underlying constitutional issues.