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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Replying to @rickhasen
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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Replying to @lawrencehurley
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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Replying to @rickhasen @lawrencehurley
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)
1:53 PM - 5 Jun 2018
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