On December 5, the Supreme Court will hear oral argument in Masterpiece Cakeshop, the case in which
a baker claims that free speech protects his right to refuse to make a cake for
a same-sex wedding. Although it is impossible to know how the Court will rule,
I can confidently predict that if the baker wins, the justices’ explanation
will be incoherent.
I explain in a new essay at the American Prospect, here.