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Emergency application

NetChoice, LLC v. Lynn Fitch, Attorney General of Mississippi

Denied
No. 25A97Vacatur applicationFiled by a private partyPresented to Justice AlitoFrom United States Court of Appeals for the Fifth Circuit

What did the Court do?

The Court denied the request on August 14, 2025, leaving the lower-court order in place.

Emergency rulings are temporary and do not decide the underlying case.

Filed Ruled 22 days after filing

What's being asked

A private party asks the Supreme Court to undo (vacate) a lower-court order from the United States Court of Appeals for the Fifth Circuit. The case is NetChoice, LLC v. Lynn Fitch, Attorney General of Mississippi.

What the Court did

Application (25A97) to vacate stay presented to Justice Alito and by him referred to the Court is denied. Justice Kavanaugh, concurring in the denial of the application to vacate stay. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a97_5h25.pdf'>Opinion</a>)

Concurring · 1agreed with the result, wrote separately
  1. Kavanaughwrote a concurrence
Vote not published · 8the order does not say how they voted
  1. Thomas
  2. Roberts
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Barrett
  8. Jackson
The order records the positions of 1 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.
Days from filing to a ruling for 28 rulings on applications where the Court asked for a response since January 1, 2025. The band is the middle half, the tick the median, and the mark this application: ruled 22 days after filing.

What it means

This is a temporary order about what happens while the case is decided, not a ruling on who is right. The case continues in the United States Court of Appeals for the Fifth Circuit.

Separate writings

  • Justice Kavanaugh concurring

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 25A97. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked September 24, 2026