Balkinization  

Thursday, January 18, 2024

The Colorado cake wars continue, with a literally colorful twist

Andrew Koppelman

Since Amy Coney Barrett replaced Ruth Bader Ginsburg, not a single conservative Christian plaintiff has lost on the merits at the Supreme Court. The judicial justifications for these decisions have become increasingly implausible, and taken together they have made the law increasingly unintelligible.
It will get worse. A case now heading to the court offers a genuinely sympathetic claimant whose probable victory will make the law even more dangerously incoherent.
I explain in a new column at The Hill.

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