Masterpiece Cakeshop: The Decision [SCOTUSbrief]

Masterpiece Cakeshop was one of the most highly anticipated Supreme Court cases of 2018. What happened after oral argument? Ilya Shapiro of the Cato Institute offers his analysis of the decision.

JUDGMENT: June 4, 2018. Reversed, 7-2, in an opinion by Justice Kennedy. Justice Kagan filed a concurring opinion, in which Justice Breyer joined. Justice Gorsuch filed a concurring opinion, in which Justice Alito joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.

HOLDING: The Commission's actions in this case violated the free exercise clause.

https://www.supremecourt.gov/opinions/17pdf/16-1144_p8k0.pdf

**********

As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.

Learn more about Ilya Shapiro: https://www.cato.org/people/ilya-shapiro

Differing Views:

Masterpiece Cakeshop Ruling Tastes Good, But Is Empty Calories
https://www.cato.org/blog/masterpiece-cakeshop-ruling-tastes-good-empty-calories

In Masterpiece, the Bakery Wins the Battle but Loses the War
https://www.aclu.org/blog/lgbt-rights/lgbt-nondiscrimination-protections/masterpiece-bakery-wins-battle-loses-war

Symposium: The worst form of judicial minimalism — Masterpiece Cakeshop deserved a full vindication for its claims of religious liberty and free speech
http://www.scotusblog.com/2018/06/symposium-the-worst-form-of-judicial-minimalism-masterpiece-cakeshop-deserved-a-full-vindication-for-its-claims-of-religious-liberty-and-free-speech/

The 'Masterpiece Cakeshop' Ruling's Guidance to Employers
https://www.law.com/therecorder/2018/06/22/masterpiece-cakeshop-rulings-guidance-to-employers/?slreturn=20180613135814

Justices Confound Expectation in Colorado Wedding Cake Case
https://law.stanford.edu/2018/06/04/justices-confound-expectation-in-colorado-wedding-cake-case/

Видео Masterpiece Cakeshop: The Decision [SCOTUSbrief] канала The Federalist Society