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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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
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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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