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Framing it as a speech issue, being compelled to use your artistic talent for a purpise you do not support, has a better chance. The state compelling speech is likely to be more alarming if SCOTUS were to support it.
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So, let’s wrap it in an enigma, within a puzzle, within....while neglecting the elephant in the room.
Sorry, but it’s cases like this that ALLOW the court(s) to get away w/ the crap they do: They never rule based on the issue(s)
Gun laws allowed because of X, Y, Z...NEVER touch ‘infringed’.
Welfare/taxes...NEVER touch A1S8, 5th or 13th.
Just another ‘out’ for the courts and a revolving door for the lawyers\judges.
Her lawyer wants to win her case. If this is in his opinion the best course he takes it.