2/ Coloradan and newest Justice Neil Gorsuch’s questioning favored Masterpiece. Gorsuch expressed concern that the Civil Rights Commission was hostile to certain religious beliefs …
3/ …and that the remedial training the Commission ordered independnetly violated the First Amendment. It looks like Gorsuch is a firm vote to reverse (which most everyone expected).
4/ Colorado Solicitor General Fred Yarger did a fine job representing the state. Opposing counsel even gave a shout-out to another case he argued last term, Pena-Rodriguez v. Colorado (re racial bias in the jury room).
5/ As many have said before, Justice Kennedy may well cast the deciding vote in another 5-4 split along traditional ideological lines. This will almost certainly be his most-reported quote from today:
6/ But it’s very hard to predict how this case will turn out. The Court will probably release its opinion in summer 2018. /end
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