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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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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If so that doesn't make it 5-4 on those issues, it makes it 4-3-2 (Kagan, Breyer, Ginsburg, Sotomayor) - (Gorsuch, Thomas Alito) - (Kennedy, Roberts) (with the latter two not saying anything)
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