The Latest in the Fight to Uphold The READER Act, HB900

The READER Act is the Texas Law that Protects Children from Unsuitable Content in Their Texas School Libraries

July 20, 2024

For Immediate Release:

Official Statement on the Continued Fight to Uphold The READER Act, HB900

The READER Act (HB 900), our Texas law that prohibits educationally unsuitable, explicit materials in Texas public schools, has gotten some attention this week over concerns that the time to appeal to the Supreme Court of the United States had expired.

I have received a lot of calls from concerned advocates who are under the impression that the case is over, and so I am compelled to clarify.

Friends, it's FAR from over.

In January, the Fifth Circuit upheld a lower court's temporary ruling to enjoin the vendor ratings requirement in HB 900. A request for an en banc was made and denied in an 8-9 vote. (An interesting dissenting opinion was made. It's worth reading.)

The TX Office of Attorney General did not further appeal the Fifth Circuit's ruling that upheld the lower court's TEMPORARY decision. Why? Most likely because interlocutory appeals to the SCOTUS are rarely made. It takes extraordinary circumstances for them to be heard. The TX OAG's decision not to appeal is standard procedure.

Rest assured, HB 900 is alive and well in the lower court!

It will be tried, and the same judge will likely rule against the State of Texas. That's when the appeal on the permanent ruling will happen, in the Fifth Circuit, where it's very likely we will win! But, if we don't, then THAT will be the appropriate time for it to be appealed all the way to the Supreme Court!

Thank you to Attorney General Ken Paxton and the Texas Office of the Attorney General for their commitment to seeing this case through! Thank you to our legislators who work hard to pass laws to stop the sexualization of children. Most of all, thank you to my fellow advocates who work so hard to protect our kids and who have nothing to gain in this fight other than the protection rightly due to our children.

It is an honor to walk alongside you in the fight to protect Texas children! Continue to apply pressure on your school districts to comply with the standards, which are in FULL EFFECT. Continue to apply pressure on the Texas Education Agency to enforce the law!

This is not the time to back down, and we won't!

In liberty and God’s grace,

Christin Bentley

SD-1 State Republican Executive Committeewoman