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Emergency application

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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 24 days after filing

What's being asked

NetChoice, an internet-company trade group, asks the Court to undo the Fifth Circuit’s pause on a lower-court order against enforcement of Mississippi’s law. Mississippi Attorney General Lynn Fitch opposes the request. NetChoice says the law raises important First Amendment questions about its members’ rights.

What the Court did

The Court refused NetChoice’s request to undo the Fifth Circuit’s pause on the lower-court injunction. It denied (refused) NetChoice’s request to vacate (wipe out) the stay (temporary pause), without finally deciding the First Amendment dispute. Justice Kavanaugh concurred (agreed with the result for different reasons), saying NetChoice had not shown that the harms favored emergency relief. He also said he thought Mississippi’s law likely violates its members’ First Amendment rights. The docket does not state how the other justices voted.

  • Concurred in a separate opinion
  • Wrote separately
  • Vote not published
Concurring · 1agreed with the result, wrote separately
  1. Kavanaughwrote a concurrence
Vote not published · 8the order does not say how they voted
  1. Roberts
  2. Thomas
  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.
Half of 82 rulings on applications where the Court asked for a response came 10 to 26 days after filing, and the median was 17 days; this one was ruled on 24 days after filing.

What it means

This emergency ruling leaves the temporary pause in place and does not finally decide who wins the underlying case. The appeal continues in the Fifth Circuit; the docket lists no related Supreme Court case on the main legal question and no argument date.

Separate writings

  • Justice Kavanaugh concurring

    Read (PDF)

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 October 4, 2026