3 Conservative Justices Dissent as Supreme Court Refuses to Reinstate Florida Drag Show Law

Contact Your Elected Officials
The Epoch Times Header

Florida’s law will remain on hold while an appeal proceeds before the 11th Circuit.

The Supreme Court turned away Florida’s request to reinstate its law regulating drag shows, which has been blocked by the lower courts.

The new order came at the end of the business day on Nov. 16.

Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, indicating they would have lifted the lower court’s stay. They did not explain their reasoning.

Justices Brett Kavanaugh and Amy Coney Barrett voted to maintain the stay. Justice Kavanaugh attached a statement (pdf) explaining his reasoning, which Justice Barrett joined except for a footnote discussing the applicability of the federal Administrative Procedure Act to the case.

“The Court’s denial of the stay indicates nothing about our view on whether Florida’s new law violates the First Amendment,” the justices stated.

This is not necessarily the end of the matter at the Supreme Court. It could return to the court at a later date.

The emergency application in Griffin v. HM Florida-ORC LLC (court file 23A366) was docketed by the Supreme Court on Oct. 24. The petitioner, Melanie Griffin, is secretary of the Florida Department of Business and Professional Regulation. The respondent, HM Florida-ORC LLC, operates a Hamburger Mary’s restaurant and bar.

Florida Gov. Ron DeSantis, who is running for the Republican Party’s presidential nomination, signed the law in May.

The law was preliminarily enjoined in June by Judge Gregory Presnell of the U.S. District Court for the Middle District of Florida. Judge Presnell was appointed in 2000 by President Bill Clinton.

The district court acted after finding it “likely” that the statute “could not survive strict scrutiny because it did not employ sufficient narrowly tailored means to further the state’s compelling interest in protecting minors from obscene performances,” the judge wrote in an order.

That court also found it “likely that the language of the Act, which included terms like ‘lewd conduct’ and ‘lewd exposure of prosthetic or imitation genitals or breasts,’ was unconstitutionally vague and overbroad on its face.”

The court acted to prevent Floridians from being “exposed to the chilling effect of this facially unconstitutional statute.”

By Matthew Vadum

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Kamala, Please Run Again

Kamala Harris hinted she wants to run for President in 2028, despite poor poll numbers and her loss in 2024. If she runs, the big winners will be the GOP.

Rosie O’Donnell vs. Her Therapist

Rosie O’Donnell's therapist attempted to artfully introduce to her client to the possibility that Rosie's outrage might be performative. It didn’t take.

Hamas’s Stubborn Grip on Arms Signals No Desire for Genuine Peace

Hamas’s rhetoric reflects its founding ideology, prioritizing armed resistance over civilian welfare or diplomatic progress.

Off the radar

In the longstanding and brutal ledger of religious persecution, Nigeria now occupies its own grim chapter with its enduring pogrom against Christians.

The New Jackboots? A Wake-Up Call on Antifa and Fascism

An analysis of whether Antifa truly opposes fascism by comparing its tactics and behavior to historical signs and movements of fascist regimes.

USDA Says SNAP Benefits Will Expire for 41 Million People If Shutdown Persists

More than 41 million Americans will go without food stamps next month if Congress does not vote to reopen the government in time.

Newsom Confirms He’s Considering 2028 Presidential Bid

California Gov. Gavin Newsom said he will seriously consider a presidential campaign after the 2026 midterms are over.

‘Showing Up in Droves’—Gen Z Trades Graduation Caps for Hard Hats

The share of Generation Z workers in the construction labor force more than doubled between 2019 and 2023, according to a recent report.

Dallas Doctor Surrenders License After Texas AG Sues for Prescribing Gender Transition Drugs to Minors

Doctor surrendered her medical license following lawsuit by Texas AG Paxton, accusing her of illegally prescribing gender transition drugs to minors.

Trump Hikes Canada’s Tariffs by 10 Percent for Not Pulling Anti-Tariff Ad Immediately

Trump announced he will increase tariffs on Canada by 10% after ad by provincial government of Ontario misrepresented President Reagan’s speech on tariffs.

Trump Rolls Back Emissions Rules on Copper Smelters

President Trump issued a proclamation aimed at reversing a Biden-era environmental rule that enforced stricter air emission standards on copper smelters.

Donor Gives $130 Million to Cover Shortfall in Troop Pay During Shutdown

Trump announced on Oct. 23 that an anonymous donor sent $130M to cover military pay during the ongoing government shutdown.

‘Frustration’ With Canada Led to Trump Scrapping Talks, Not Just Ontario’s Ad: US Official

President Trump cited Ontario’s TV ad as the reason for halting Canada trade talks, but officials say it stems from rising U.S. frustration with Ottawa.
spot_img

Related Articles

Popular Categories

MAGA Business Central