Texas Asks 9th Circuit to Deny Twitter’s Request for Panel Rehearing

The 9th U.S. Circuit Court of Appeals should deny Twitter’s request for a rehearing in the company’s lawsuit against Texas Attorney General Ken Paxton’s (R) investigation into Twitter’s decision to suspend then-President Donald Trump for his actions linked to the Jan. 6 Capitol siege (see 2204200051), the state argued Tuesday in 21-15869. A 9th Circuit panel correctly found that Twitter’s claims are “unripe” for review, Texas said. The state noted the two factors the court used in determining whether the case is ripe: “whether the controversy generated is essentially legal in nature or whether further factual amplification is necessary” and whether “postponing review imposes a direct and immediate hardship.” The panel found Twitter failed on the first because “there were factual questions about whether Twitter’s First Amendment rights were implicated,” Texas said. Twitter faced little to no hardship because the company “need not comply with” the civil investigative demand absent enforcement of the CID in a state-court proceeding where “Twitter can raise its First Amendment claims,” Texas said.