Wednesday, November 8, 2023

Younger in action

An interesting Younger case because it crosses state lines and has some of the timing issues we discussed.

Yelp posts notices on reviews of crisis pregnancy centers, stating that these centers do not provide abortion services. The Texas AG sent Yelp a letter that those notices violate Texas deceptive-practice laws and threatening an enforcement action. Yelp sued in California federal court, alleging that enforcement violates the First Amendment. The next day, Texas filed its state-law action, then moved to dismiss the federal action on Younger grounds (and for lack of personal jurisdiction).