The Masterpiece Cakeshop opinion is vintage Kennedy---narrow, focused on dignity and animus, and leaving important issues to a later time whenever possible. That's what Kennedy did with partisan gerrymandering in 2004. The bill there has now become due.
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Masterpiece’s Surprising Possible Implications for Partisan Gerrymandering Claims: Bad Intent and Silent Actors http://electionlawblog.org/?p=99315
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It’s a masterpiece of constitutional avoidance?
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It’s still an awful decision. Kennedy basically says courts have to evaluate the sincerity of religious belief. That will lead to arbitrary results. Do you think that a Muslim defendant who refused to sell to ‘infidels’ would’ve had such success in court?
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Gorsuch's concurrence is absolute nonsense.
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classic supremes, sidestep where possible.
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Except in Bush v. Gore.
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And that was because there was no place to sidestep to
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exactly right, no where to run to, no where to hide.
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@rickhansen Does this case change if these were PRIVATE litigants enforcing CADA rather than the CCRD?Thanks. Twitter will use this to make your timeline better. UndoUndo
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"Beliefs" need to be backed by something other than emotion and superstition . . . This is the 21st Century . . .
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Re: SCOTUS OK'S LGBT DISCRIMINATION. LGBT is NOT a choice! Everyone has individual right NOT to associate. A customer dealing with a public biz has expectation of NON discrimination. The National LGBT Website should boycott those biz that discriminate!
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An orthodox Jew can not physically touch a member of the opposite sex they are not married to. So say a doctor in an emergency room is an orthodox Jew and refuses to perform a life-saving procedure on someone of the opposite sex. Is that ok?
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Beyond the positive commandment to save life, which takes precedence over just about everything else, people whose practice of shomer negiah is so strict don't take jobs in the ED in the first place
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I understand, I was attempting to make a point to the religious Christians that will say their religion exempts them from anti-discrimination laws. I'm guessing their religious freedom argument only extends to their own version of Christianity.
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Was there a remand?
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Perhaps you could explain how ruling against the Christian is not a sign of animus?
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Re: Battle between Gorsuch and Kagan: if I did the math right it's 5-4 on side of Kagan, yes?
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Only if you’re confident in your predictions of what Kennedy will decide on any given day.
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