5th Circuit Revises Opinion Vacating Injunction Against Mississippi AG's Google Subpoena, Denies Rehearing

it Wednesday with a revised opinion that also vacates the injunction. The 5th Circuit also denied Google's petition for a rehearing on the injunction. Google petitioned for a rehearing last month after Hood withdrew his subpoena (see 1604280046). Hood opposed Google's petition, saying Google was seeking declaratory relief that would have “virtually the same effect” as the injunction issued by District Judge Henry Wingate (see 1605090051). “We cannot say at this early stage of a state investigation that any suit that could follow would necessarily violate the Constitution,” the 5th Circuit said in its revised opinion. “As underscored by Hood’s apparent need to gather considerable information before he can determine whether an enforcement action is warranted, the prospect of one is not sufficiently imminent or defined to justify an injunction.” The court said it has “no opinion on the reasonableness of the subpoena or on whether the conduct discussed in the parties’ briefs could be held actionable consistent with federal law.” The 5th Circuit's revised opinion is "substantially the same" as its previous ruling, Hood said Thursday in a statement. "At that time, [the 5th Circuit] lifted the injunction against the state and rejected Google’s misguided attempts to use the federal courts to derail an investigation into potential violations of Mississippi state law. We look forward to presenting our case for dismissal of Google’s remaining claim in district court, and we will continue working to protect Mississippi children and families."