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lawrencehurley's profile
Lawrence Hurley
Lawrence Hurley
Lawrence Hurley
Verified account
@lawrencehurley

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Lawrence HurleyVerified account

@lawrencehurley

I cover the U.S. Supreme Court and related issues for Reuters

Washington, D.C.
reuters.com/journalists/la…
Joined April 2009

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    Lawrence Hurley‏Verified account @lawrencehurley Jun 5

    The more I read the Masterpiece case the more it looks like a 5-4 ruling masquerading as a 7-2

    1:45 PM - 5 Jun 2018
    • 3 Retweets
    • 30 Likes
    • Hector Quesada Melvin James Biyele eve harris Nico Kroeker sincerely held bisexual demons Marissa Huffman Jenny Braulio Agnese Rachel Joy Larris
    7 replies 3 retweets 30 likes
      1. Lawrence Hurley‏Verified account @lawrencehurley Jun 5

        One question we don't know the answer to yet is what Breyer & Kagan got or will get in return for signing on to Kennedy's opinion. What the court does with pending Arlene's Flowers case will be extremely revealing

        5 replies 6 retweets 29 likes
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      1. New conversation
      2. Rick Hasen‏Verified account @rickhasen Jun 5
        Replying to @lawrencehurley

        How do you count AMK and the Chief?

        1 reply 0 retweets 1 like
      3. Lawrence Hurley‏Verified account @lawrencehurley Jun 5
        Replying to @rickhasen

        Kennedy was obviously in the driving seat so surely all the conservatives had little option but to sign on to whatever he did if it was in favor of the baker? The question is what Breyer & Kagan got out of it

        1 reply 0 retweets 2 likes
      4. Rick Hasen‏Verified account @rickhasen Jun 5
        Replying to @lawrencehurley

        I don't see Kennedy saying anything about the merits in the clash between religious liberty and antidiscrimination law. Isn't that what they got out of it, with the Chief signing on too?

        2 replies 0 retweets 2 likes
      5. Lawrence Hurley‏Verified account @lawrencehurley Jun 5
        Replying to @rickhasen

        Maybe, but a lot of what Kennedy said is entirely consistent with what he's said before about gay rights isn't it? I guess maybe having their votes helped fend off objections from the right though

        1 reply 0 retweets 0 likes
      6. Lawrence Hurley‏Verified account @lawrencehurley Jun 5
        Replying to @lawrencehurley @rickhasen

        Or maybe Kennedy didn't want to say anything about that b/c he never wanted the case in the first place....

        1 reply 0 retweets 2 likes
      7. Greg Stohr‏Verified account @GregStohr Jun 5
        Replying to @lawrencehurley @rickhasen

        .@lawrencehurley may well be right about the best reading of Kennedy's opinion. But then it gets a little hard to explain why Gorsuch joined it.

        1 reply 2 retweets 3 likes
      8. Lawrence Hurley‏Verified account @lawrencehurley Jun 5
        Replying to @GregStohr @rickhasen

        B/c Kennedy adopted the Three Bakers argument that Gorsuch was enthused about, perhaps?

        1 reply 0 retweets 0 likes
      9. Greg Stohr‏Verified account @GregStohr Jun 5
        Replying to @lawrencehurley @rickhasen

        Kagan sure wasn’t impressed by it.

        1 reply 0 retweets 2 likes
      10. 1 more reply
      1. New conversation
      2. Matt Ford‏Verified account @fordm Jun 5
        Replying to @lawrencehurley

        Or even a 3-2-2-2 ruling that cobbled together a coalition government

        1 reply 0 retweets 3 likes
      3. Lawrence Hurley‏Verified account @lawrencehurley Jun 5
        Replying to @fordm

        How about a 1-1-1-1-1-1-1-1-1?

        1 reply 0 retweets 6 likes
      4. BOOrtleby‏ @the_scrivener Jun 5
        Replying to @lawrencehurley @fordm

        Bring back seriatim opinions!

        0 replies 0 retweets 1 like
      5. End of conversation
      1. Dave Stevens‏ @ultralitigator Jun 5
        Replying to @lawrencehurley

        I had that thought too.

        0 replies 0 retweets 0 likes
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      1. Josh Vitullo‏ @JoshVitullo Jun 5
        Replying to @lawrencehurley

        100% agree. The concurance just wanted to make sure to save civil rights laws generally, which they emphasized and made sure AMK had the money quote. It was strategic.

        0 replies 0 retweets 0 likes
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      1. Dan Cotter‏ @DCotter1 Jun 5
        Replying to @lawrencehurley

        I agree. The concurrences are odd and the whole decision is weird. Even dissent identifies many things agreed with...

        0 replies 0 retweets 0 likes
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