2nd Circuit to Hold N.Y. AG’s Appeal in Abeyance Until SCOTUS Rules in NetChoice Cases

The 2nd U.S. Circuit Appeals Court will hold in abeyance, pending the U.S. Supreme Court’s decisions in the NetChoice challenges of the Florida and Texas social media laws, New York Attorney General Letitia James’ appeal to lift the district court’s injunction that blocks her from enforcing New York’s Hateful Conduct Law, Section 394-ccc, said a 2nd Circuit clerk’s order Friday (docket 23-356). SCOTUS plans oral argument Monday on the tandem NetChoice challenges.

The 2nd Circuit ordered the parties each to submit a letter brief, addressing the effect, if any, that the SCOTUS decisions would have on the New York AG’s appeal.

Whether the 2nd Circuit should wait to resolve James’ appeal of the Section 394-ccc injunction until after SCOTUS rules on the NetChoice challenges was a recurring theme during Feb. 16 oral argument on James' appeal.