Monday, the Fifth Circuit panel that decided Missouri v. Biden—which held that some federal government actions improperly “coerced or significantly encouraged” platforms to restrict certain user speech—issued an order saying that it granted a petition for rehearing. This meant that the panel would likely reconsider the decision, though it wasn’t clear how broad any changes might be. The petition had been filed by the challengers (Missouri et al.), and argues that the panel erred in finding no First Amendment violation by the Cybersecurity and Infrastructure Security Agency and the State Department’s Global Engagement Center.

It appears, though, that this was actually the result of a clerical error made by the Fifth Circuit Clerk of Court’s office.

[I’d hope that they will rehear the pleadings for the additional infringements on free speech. The Supreme Court is also supposed to take this up under appeal by the Biden administration, so we may end up with some confusion next week when SCOTUS returns to session. — Ed]