The more I read the Masterpiece case the more it looks like a 5-4 ruling masquerading as a 7-2
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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?
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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
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Or maybe Kennedy didn't want to say anything about that b/c he never wanted the case in the first place....
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@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. -
B/c Kennedy adopted the Three Bakers argument that Gorsuch was enthused about, perhaps?
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Kagan sure wasn’t impressed by it.
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