Three Conservative Justices Dissent as Supreme Court Refuses to Reinstate Drag Show Law
Published on November 16, 2023
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....