Appeals court blocks Texas from enforcing book rating law

Editor's note: In a split vote, the full panel of the 5th U.S. Circuit Court of Appeals declined on April 16 to reconsider this case. Five judges issued a dissent saying they would have liked the court to re-hear it. The previous ruling, reported below, remains in effect.

The 5th U.S. Circuit Court of Appeals blocked the Texas Education Agency on Wednesday from enforcing a state law requiring booksellers to rate the explicitness and relevance of sexual references in materials they sell to schools.

The appellate court, one of the most conservative in the nation, sided with booksellers who sued the state after claiming House Bill 900 violated their First Amendment rights. The court affirmed a lower court’s decision to prevent TEA Commissioner Mike Morath from enforcing the 2023 law.

Wednesday’s decision was somewhat surprising since the appellate court blocked the lower court’s ruling in November. Addressing the reversal, Judge Don Willett with the 5th Circuit wrote that a “different panel of this court” had granted the state’s appeal to block that ruling.

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Son! I am socked I tell ya shocked! The little weasel loses again. 😂 So much winning.

Note to Dan Patrick: When you lose the 5th Circuit maybe time to go home and stick your ugly, fascist ideas where the sun don’t shine.

Ohhh it’s a good day!😉