J Kennedy's majority opinion is essentially a punt, requiring that body adjudicating claim of religious freedom against an anti-discrimination claim cannot have animus toward sincere religious beliefs. It decides nothing else. Battle between Kagan and Gorsuch shows what's cominghttps://twitter.com/vanitaguptaCR/status/1003646448465076224 …
-
Show this thread
-
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.
5 replies 55 retweets 132 likesShow this thread -
Masterpiece’s Surprising Possible Implications for Partisan Gerrymandering Claims: Bad Intent and Silent Actors http://electionlawblog.org/?p=99315
2 replies 17 retweets 28 likesShow this thread
Rick Hasen Retweeted Rick Hasen
Rick Hasen added,
Rick HasenVerified account @rickhasen
On the battle between Kagan and Gorsuch in Masterpiece, I'd say there are 3 votes for Gorsuch position (Thomas, Alito), 4 for Kagan's (Sotomayor, Ginsburg, who dissented here). This leaves Kennedy and Chief not taking a stand on religious liberty/antidiscrimination question https://twitter.com/mathIsMight/status/1003663255427014656 …
8:44 AM - 4 Jun 2018
0 replies
6 retweets
5 likes
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.