This week, the government appealed to the Supreme Court, filing a motion to stay the injunction against government censorship granted by the 5th Circuit court in our Missouri v. Biden case (now technically called Murthy v. Missouri since the President himself is no longer a defendant). We filed a response this week petitioning the Supreme Court to allow the injunction to take effect.

Unlike the circuit courts, the Supreme Court does not have to take up an appeal of this kind, which effectively keeps the circuit court ruling in place. As our attorney Jenin Younes explained, the Supreme Court has until tomorrow at midnight to either [1] grant the government’s request for a stay; [2] deny it; [3] do nothing (which is effectively [2]).

Clearly we are hoping for [2] or [3], but even if the Court grants the stay, that does not mean our case is over: it means we do not get the preliminary injunction and the case moves forward to the the next phase of merits discovery. Given the amount of evidence we have presented, and the agreement now of four federal judges (the district court judge and a unanimous three judge panel at the fifth circuit), and given the current the judges on the Supreme Court, I anticipate that we will get a favorable ruling upholding the injunction from the highest court in the land.

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