The 5th Circuit Court of Appeals this morning abruptly withdrew Monday’s order giving red states a chance for an even bigger win in a case that has blocked much of the Biden administration from flagging misinformation on social media sites.
Anyone here figure that even the judicial panel thought it was a bridge too far? Was it really a clerical error or was it a foreshadowing of the decision to come?
To realize that we have to even second-guess the court’s intentions is an indication of how far afoul the process has gone from the norm.
“After the court withdrew that order Tuesday in a stunning turnaround, the court’s clerk told TPM that the withdrawal corrected a staff error.”
I think this is not unlike a judicial correlate to a politician making a Kinsley gaffe, which is inadvertently telling the truth.
I expect they wrote the order of their decision in advance, but the clerk was not supposed to release it until after the other side’s lawyers had a chance to weigh in.