Rowell v. Pettijohn
This text of 865 F.3d 237 (Rowell v. Pettijohn) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
In Rowell v. Pettijohn, 816 F.3d 73 (5th Cir. 2016), our court affirmed the dismissal of appellants’ challenge to Texas’ Anti-Surcharge Law, which prohibits merchants from imposing surcharges for credit-card purchases. We held the law did not implicate the First Amendment’s free-speech protections and was not unconstitutionally vague. Id. at 82, 84.
On 29 March 2017, the Supreme Court, in a similar matter, Expressions Hair Design v. Schneiderman, — U.S. —, 137 S.Ct. 1144, 197 L.Ed.2d 442 (2017), held speech was regulated and remanded to the second circuit. As a result, the Court remanded this matter to our court “for further consideration in light of Expressions Hair Design”. Rowell v. Pettijohn, No. 15-1455, - U.S -, 137 S.Ct. 1431, 197 L.Ed.2d 644 (2017).
Accordingly, this matter is REMANDED to district court for further proceedings consistent with Expressions Hair Design.
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Cite This Page — Counsel Stack
865 F.3d 237, 2017 WL 2274015, 2017 U.S. App. LEXIS 9143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowell-v-pettijohn-ca5-2017.