Tuesday, November 28, 2023

A Very Cogent, Terse Summary Of Why Both The TN And FL Laws Fall...


Counsel for the plaintiffs in Tennessee just cited the Supremes' denial of a stay, in the Florida version of this dispute --to the Sixth Circuit.

Just as we pointed out about ten days ago. . . . Sweet!

Here's the very terse punch -- a knockout, indeed:

. . .Justice Kavanaugh issued a statement, in which he was joined by Justice Barrett. Justice Kavanaugh explained that, while the question of whether a district court may prohibit the government from enforcing a law against non-parties may warrant the Court’s review in the future, “the issue arises here in the context of a First Amendment overbreadth challenge, which presents its own doctrinal complexities about the scope of relief.” This is consistent with the Supreme Court’s prior holdings in First Amendment overbreadth cases that “any enforcement” of an overbroad restriction on speech Is “totally forbidden.” Broadrick v. Okla., 413 U.S. 601, 611-12 (1973). . . .


Now you know -- Friends of George, and Hamburger Mary's will. . . win -- without a doubt, on appeal when it finally reaches the Supremes. They've already won at the trial level, and as to the Florida law, at the appellate level.

Out.

नमस्ते

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