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The En Banc 11th Circuit Granted Relief In Drag Show Case Where Justices Kavanaugh and Barrett Did Not

After three years on the "interim" docket, Hamburger Mary will no longer be able to show "adult live performances" to minors.

Josh Blackman | 8.4.2026 11:02 PM

Justice Kavanaugh has used the phrase "interim docket" to refer to the Supreme Court's emergency rulings, as they often set the interim rule while the issue percolates in the lower courts. Sometimes that "interim" can last years.

Such is the case with Griffin v. HM Florida-ORL. A Florida law prohibited restaurants from showing "adult live performances." A federal district court judge  issued a universal injunction against the law that applied to the plaintiff, Hamburger Mary's, as well as non-parties. Back in October 2023, Florida asked the Supreme Court to limit the injunction to Hamburger Mary's.

Justices Thomas, Alito, and Gorsuch would have granted that relief, b ut they were in the minority.........

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