Welcome to Supreme Court Brief. The justices have no decisions scheduled for this post-Memorial Day week. But they are acting on their emergency applications. NetChoice succeeded in blocking the enforcement of Texas’s social media “censorship” law on Tuesday. We asked a few former clerks for their reaction to the news report that clerks are being asked to turn over their cell phone records in the leaked draft opinion investigation. Eight law firms have filed amicus briefs for groups supporting the overruling of the so-called Insular Cases–a step that Justice Gorsuch also has called on the court to take. And a rehearing petition has been filed in a key damages case decided in April.

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The plaza outside the U.S. Supreme Court building in Washington, D.C. The plaza outside the U.S. Supreme Court building in Washington, D.C. October 1, 2021. Photo: Diego M. Radzinschi/ALM

Investigating a Leak