Book People v. Morath
| Book People, Incorporated, VBK, Incorporated, doing business as Blue Willow Bookshop, American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated and Comic Book Legal Defense Fund |
| Mike Morath, in his official capacity as the Commissioner of the Texas Education Agency |
| 25-50891 |
| October 30, 2025 |
| U.S. Court of Appeals, Fifth Circuit |
| Constitutionality of State Statutes |
Docket Report
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| Filing 57 CLERK ORDER granting Motion to extend time to file appellee's brief filed by Appellees Authors Guild, Incorporated, Book People, Incorporated, VBK, Incorporated, American Booksellers Association, Association of American Publishers and Comic Book Legal Defense Fund [ # 53 ] Appellee's Brief due on 05/13/2026 for Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated [25-50891] (EMF) [Entered: 03/19/2026 04:15 PM] |
| Filing 53 UNOPPOSED MOTION filed by Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated to extend time to file brief of appellee until 05/13/2026 [53]. Date of service: 03/17/2026 via email - Attorney for Appellants: Berg, Cole, Fraser, Peterson, Plemons; Attorney for Appellees: Geyser, Lambert, Pillifant, Prather, Robb [25-50891] (Laura Lee Prather ) [Entered: 03/17/2026 05:09 PM] |
| Filing 51 APPEARANCE FORM FILED by Attorney(s) Daniel Luke Geyser for party(s) Appellee Comic Book Legal Defense Fund Appellee Association of American Publishers Appellee Book People, Incorporated Appellee Authors Guild, Incorporated Appellee American Booksellers Association Appellee VBK, Incorporated, in case 25-50891 [25-50891] (CAS) [Entered: 03/16/2026 03:17 PM] |
| Filing 50 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50891] (Daniel Luke Geyser ) [Entered: 03/13/2026 06:25 PM] |
| Filing 49 EXTENSION RECEIVED for Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated. Extension Granted to and including 04/22/2026. E/Res's Brief deadline updated to 04/22/2026 for Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated [25-50891] (CAS) [Entered: 02/26/2026 11:23 AM] |
| Filing 48 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated for filing Appellees' Opening Brief until 04/22/2026 [25-50891] (Laura Lee Prather ) [Entered: 02/26/2026 10:11 AM] |
| Filing 47 RECORD EXCERPTS FILED. # of Copies Provided: 0 [25-50891] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Mr. Mike Morath. Date of service: 02/19/2026 via email - Attorney for Appellants: Berg, Cole, Fraser, Peterson, Plemons; Attorney for Appellees: Lambert, Pillifant, Prather, Robb [25-50891] (William R. Peterson ) [Entered: 02/19/2026 03:21 PM] |
| Filing 46 APPELLANT'S BRIEF FILED # of Copies Provided: 0 A/Pet's Brief deadline satisfied. Appellee's Brief due on 03/23/2026 for Appellees American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated [25-50891] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Mike Morath. Date of service: 02/19/2026 via email - Attorney for Appellants: Berg, Cole, Fraser, Peterson, Plemons; Attorney for Appellees: Lambert, Pillifant, Prather, Robb [25-50891] (William R. Peterson ) [Entered: 02/19/2026 03:20 PM] |
| Filing 45 CLERK ORDER denying Motion to supplement the record on appeal filed by Appellant Mr. Mike Morath as the documents requested are already on file. [ # 41 ] [25-50891] (CAS) [Entered: 01/14/2026 11:44 AM] |
| Filing 41 UNOPPOSED MOTION filed by Appellant Mr. Mike Morath to supplement the record on appeal with - Lower court docket no. 40 - Lower court docket no. 55 - Lower court docket no. 56 - Lower court docket no. 57 - Lower court docket no. 118 [41]. Date of service: 01/08/2026 via email - Attorney for Appellants: Berg, Cole, Fraser, Peterson, Plemons; Attorney for Appellees: Lambert, Pillifant, Prather, Robb [25-50891] (Nathaniel Anson Plemons ) [Entered: 01/08/2026 05:20 PM] |
| Filing 40 CLERK ORDER granting in part Motion to extend time to file appellant's brief filed by Appellant Mr. Mike Morath [ # 34 ] A/Pet's Brief deadline updated to 02/19/2026 for Appellant Mike Morath [25-50891] (CAS) [Entered: 12/17/2025 08:33 AM] |
| Filing 36 APPEARANCE FORM FILED by Attorney(s) Cameron Fraser for party(s) Appellant Mike Morath, in case 25-50891 [25-50891] (IAC) [Entered: 12/16/2025 03:02 PM] |
| Filing 34 UNOPPOSED MOTION filed by Appellant Mr. Mike Morath to extend time to file brief as appellant until 02/20/2026 [34]. Date of service: 12/15/2025 via email - Attorney for Appellants: Berg, Cole, Peterson, Plemons; Attorney for Appellees: Lambert, Pillifant, Prather, Robb [25-50891] (Nathaniel Anson Plemons ) [Entered: 12/15/2025 04:22 PM] |
| Filing 33 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50891] (Cameron Fraser ) [Entered: 12/15/2025 03:57 PM] |
| Filing 32 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 01/20/2026 for Appellant Mike Morath. [25-50891] (DDL) [Entered: 12/11/2025 08:58 AM] |
| Filing 31 ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [25-50891] (DDL) [Entered: 12/11/2025 08:58 AM] |
| Filing 29 APPEARANCE FORM FILED by Attorney(s) William Francis Cole for party(s) Appellant Mike Morath, in case 25-50891 [25-50891] (NMF) [Entered: 12/04/2025 03:33 PM] |
| Filing 27 APPEARANCE FORM FILED by Attorney(s) William R. Peterson for party(s) Appellant Mike Morath, in case 25-50891 [25-50891] (NMF) [Entered: 12/04/2025 03:16 PM] |
| Filing 26 APPEARANCE FORM FILED by Attorney(s) Nathaniel Anson Plemons for party(s) Appellant Mike Morath, in case 25-50891 [25-50891] (NMF) [Entered: 12/04/2025 03:03 PM] |
| Filing 25 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50891] (William Francis Cole ) [Entered: 12/03/2025 03:22 PM] |
| Filing 24 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50891] (William R. Peterson ) [Entered: 12/03/2025 03:20 PM] |
| Filing 23 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-50891] (Nathaniel Anson Plemons ) [Entered: 12/02/2025 05:00 PM] |
| Filing 22 APPEARANCE FORM FILED by Attorney Laura Lee Prather for Appellee Comic Book Legal Defense Fund in 25-50891, Attorney Laura Lee Prather for Appellee Authors Guild, Incorporated in 25-50891, Attorney Laura Lee Prather for Appellee Association of American Publishers in 25-50891, Attorney Laura Lee Prather for Appellee American Booksellers Association in 25-50891, Attorney Laura Lee Prather for Appellee VBK, Incorporated in 25-50891, Attorney Laura Lee Prather for Appellee Book People, Incorporated in 25-50891 [25-50891] (NMF) [Entered: 11/19/2025 03:21 PM] |
| Filing 20 APPEARANCE FORM FILED by Attorney(s) William Reid Pillifant for party(s) Appellee Comic Book Legal Defense Fund Appellee Association of American Publishers Appellee Book People, Incorporated Appellee Authors Guild, Incorporated Appellee American Booksellers Association Appellee VBK, Incorporated, in case 25-50891 [25-50891] (NMF) [Entered: 11/19/2025 03:08 PM] |
| Filing 18 APPEARANCE FORM FILED by Attorney(s) Michael Lambert for party(s) Appellee Comic Book Legal Defense Fund Appellee Association of American Publishers Appellee Book People, Incorporated Appellee Authors Guild, Incorporated Appellee American Booksellers Association Appellee VBK, Incorporated, in case 25-50891 [25-50891] (NMF) [Entered: 11/19/2025 02:57 PM] |
| Filing 16 APPEARANCE FORM FILED by Attorney(s) Catherine Lewis Robb for party(s) Appellee Comic Book Legal Defense Fund Appellee Association of American Publishers Appellee Book People, Incorporated Appellee Authors Guild, Incorporated Appellee American Booksellers Association Appellee VBK, Incorporated, in case 25-50891 [25-50891] (NMF) [Entered: 11/19/2025 02:32 PM] |
| Filing 15 APPEARANCE FORM received from Mr. William Reid Pillifant for American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated for the court's review. Lead Counsel? No. [25-50891] (William Reid Pillifant ) [Entered: 11/17/2025 02:22 PM] |
| Filing 14 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50891] (Michael Lambert ) [Entered: 11/17/2025 02:21 PM] |
| Filing 13 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50891] (Catherine Lewis Robb ) [Entered: 11/17/2025 02:20 PM] |
| Filing 12 APPEARANCE FORM received from Ms. Laura Lee Prather for American Booksellers Association, Association of American Publishers, Authors Guild, Incorporated, Book People, Incorporated, Comic Book Legal Defense Fund and VBK, Incorporated for the court's review. Lead Counsel? Yes. [25-50891] (Laura Lee Prather ) [Entered: 11/17/2025 02:18 PM] |
| Filing 11 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 1:23-CV-858. Electronic ROA due on 11/28/2025. [25-50891] (PAC) [Entered: 11/13/2025 02:46 PM] |
| Filing 10 TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Lily Iva Reznik, Dt. Filed in Dist. Ct: 11/10/2025 Ct. Reporter Acknowledgment deadline canceled [25-50891] (PAC) [Entered: 11/13/2025 02:46 PM] |
| Filing 9 TRANSCRIPT ORDER received from Appellant Mr. Mike Morath. DETAILS: Transcript Order: Court Reporter: Lily Iva Reznik, Proceeding Type and Date: Motion Hearing 09/29/2025. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 11/24/2025 for Lily Reznik, Court Reporter. Electronic Filing Processed: [ # 6 ] [25-50891] (PAC) [Entered: 11/13/2025 02:45 PM] |
| Filing 8 APPEARANCE FORM FILED by Attorney Zachary Berg for Appellant Mike Morath in 25-50891 [25-50891] (PAC) [Entered: 11/13/2025 02:32 PM] |
| Filing 7 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [7] Initial AA Check Due satisfied.. Transcript order due on 11/28/2025 for Appellant Mike Morath [25-50891] (RLJ) [Entered: 11/12/2025 10:19 AM] |
| Filing 6 ATTORNEY TRANSCRIPT ORDER form filed by Appellant Mr. Mike Morath Transcript previously requested and paid for, but not yet on file with Clerk. for the Court to process. Date of service: 11/10/2025 via email - Attorney for Appellant: Berg; Attorney for Appellees: Pillifant, Prather. [25-50891] (Zachary Berg ) [Entered: 11/10/2025 04:16 PM] |
| Filing 5 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-50891] (Zachary Berg ) [Entered: 11/10/2025 04:03 PM] |
| Filing 1 PRIVATE CIVIL FEDERAL CASE docketed. NOA filed by Appellant Mr. Mike Morath [25-50891] (RLJ) [Entered: 10/30/2025 02:59 PM] |
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