In 303 Creative v. Elenis, the Supreme Court has now declared for the first time that some for-profit businesses have a constitutional right to discriminate against anyone for any reason they like. Its opinion in the case is startlingly vague about the boundaries of that category. While the Court might have clearly limited the scope of its decision, some members of the Court—including Justice Neil Gorsuch, who wrote the Court’s opinion—are drawn toward broad and dangerous specifications that can only be applied selectively to benefit claimants whom the judges happen to like.
I explain in a new piece at The American Prospect.