Looking at SCOTUS blog a narrow ruling. The majority decision was the so called Civil Rights Commission was biased against people of faith. The court did not decide if the state has the ability to force the baker to make the cake.
Gotta wonder if this wasn't Roberts doing his consensus-building thing to get a couple more votes by narrowing the scope.
But they did decide on free exercise grounds, so that’s good.
Yeah, but it is a heck of a lot better than being ruled the other way by 7-2. We take what wins we can get.
Kennedy did everything that he could to make this as pro-sodomite as possible without ruling for the sodomites, such much so, that even the lesbo Kagan and demented Breyer joined the opinion. The Obama judges on the various Court of Appeals will twist this as a pro-sodomite ruling. Kennedy HAS got to go. I firmly believe that this would have been a home-run victory for people of faith if he weren’t on the court.
BTW, Anyone who was worried about Gorsuch on homosexual issues needs to read Thomas’ concurring opinion that GORSUCH joined. Gorsuch rightly sees that the narrow holding of the Court here ignored the Free Speech and Association aspects of this case. Gorsuch and Thomas clearly would hold for people of faith. I am certain that Alito would too. We need Kennedy to go and Trump to appoint another Gorsuch before we have a court that actually respects people of faith.
Perhaps because that answer is obvious. Really, think of a reason or reasons why the state should be able to force people to perform labor. I can't think of one unless it has to do with subsistence aide, as a result of a criminal and perhaps certain misdemeanor conviction, or in the case of a state of emergency or war or a result of compliance to a lawful regulatory ruling.
The commission hearing was a show trial and the Supreme Court rightly called the commission out on it. The bigger issue (forcing the baker to make the cake) will eventually make it way to the Supreme Court. Hopefully, President Trump will have made more appointments to the Court by then.
The Court has no constitutional authority to interfere with these affairs of the State of Colorado which is up to the people of Colorado to decide. Sure this one looks like a favorable decision. But tyranny will end up killing you and unconstitutional federal acts and decisions are tyranny.
The government, consistent with the Constitution’s guarantee of free exercise, cannot
That "government" the First Amendment points to is ONLY the Federal government, NOT state government.
CONGRESS shall make no law...prohibiting the free exercise... Amendment I.
The First Amendment is pointed DIRECTLY at the feds and NOWHERE else.
The overall celebratory atmosphere here is misguided.
This was a very narrow ruling. Sure, we’ll take what we can get, but the major issue in this case was sidestepped, remaining to be adjudicated in some future case.
Hopefully, by that time, Kennedy and Ginzberg will be gone.