DocketNumber: No. 15-50168
Judges: Barksdale, Davis, Dennis
Filed Date: 5/25/2017
Status: Precedential
Modified Date: 10/19/2024
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.