Author Topic: Big 1st amendment win - Court rules for baker in gay wedding case.  (Read 1063 times)

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Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #30 on: June 11, 2018, 10:01:45 AM »

Offline mqtcelticsfan

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ThinkProgress took a stab at it, by the way.

https://thinkprogress.org/masterpiece-cakeshop-cakes-art-scotus-66f8d6bde9da/

They're right that "7-2" in an illusion.  Kagan and Breyer make it pretty clear that if Colorado hadn't viewed the baker's beliefs in an openly hostile way, they probably would have decided this case another way.

That said, I'm not sure which way the tea leaves point for the next similar case.  I think the majority leans toward religious freedom, but Kennedy is always torn, and Roberts may side with Kennedy to prevent yet another 5-4 decision on a major case.  Of course, if Kennedy retires, it makes future cases even more volatile.  Much like with the Obamacare situation, Roberts may temper any future decisions to preserve the perceived moderateness of the court.

I disagree with your analysis here, and not just due to wishful thinking. I really do believe that based on both his comments on the case and his recent history that Kennedy is fairly unlikely to align himself with Thomas, Alito and Gorsuch on this subject unless itís a situation like this one. Iíll concede that there is always the possibility that future cases have the same problems this one presented, but I would not consider this a good omen for anybody on the side of the baker.

As to your second point, I agree that Kennedyís speculated retirement presents a definite challenge moving forward for people on my side of the aisle.

Re: Big 1st amendment win - Court rules for baker in gay wedding case.
« Reply #31 on: June 20, 2018, 10:14:57 PM »

Offline eja117

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It just occurred to me completely randomly that RBG's dissent was almost literally "Let them eat cake." Honestly one of her more eloquent arguments.