intermediate scrutiny on Texas Appeals Journalhttps://texasappeals.org/topics/intermediate-scrutiny/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 29 Jun 2026 07:00:00 -0500Fifth Circuit Stays Preliminary Injunctions Against Texas App Store Accountability Act Pending Appealhttps://texasappeals.org/2026/06/seat-v-paxton-app-store-age-law/Mon, 29 Jun 2026 07:00:00 -0500https://texasappeals.org/2026/06/seat-v-paxton-app-store-age-law/In a published per curiam order, the court granted Texas’s motion to stay two universal preliminary injunctions against Senate Bill 2420 while the State’s appeals proceed. The panel concluded that Texas is likely to show the district court erred by applying strict scrutiny and by enjoining enforcement against anyone, but the order does not decide the merits of the appeals.Supreme Court of the United States Holds Texas Age-Verification Law for Sexually Explicit Websites Is Subject to, and Survives, Intermediate Scrutinyhttps://texasappeals.org/2025/07/free-speech-coalition-v-paxton-age-verification/Mon, 14 Jul 2025 07:00:00 -0500https://texasappeals.org/2025/07/free-speech-coalition-v-paxton-age-verification/The Court held that H.B. 1181, which requires certain commercial websites publishing content that is obscene to minors to verify that visitors are adults, only incidentally burdens adults’ protected speech, triggers intermediate scrutiny rather than strict scrutiny, and satisfies that standard. Justice Kagan, joined by Justices Sotomayor and Jackson, dissented.