Neil Gorsuch’s Question Is Key To Unlocking The Upcoming Masterpiece Cakeshop Decision
The Supreme Court’s decision on Jack Phillips and his Masterpiece Cakeshop is expected in the next two to three weeks. While the outcome could surprise us all, the result both sides of the political spectrum predict is a substantial win for the Left packaged as a favorable verdict for the Right. That is, the court will rule “for” Phillips but against his cause. The reason is pretty simple: Justice Anthony Kennedy is the swing vote, and in the oral arguments last December, his mind seemed made up. Kennedy knows that if Phillips’ speech as a cake artist is protected, then the speech of creative designers of every kind in the wedding industry must also be protected. “It means there’s basically an ability to boycott gay marriages,” Kennedy said, an outcome he made clear was not acceptable. “The problem for you,” Kennedy explained to Phillips’ attorneys, “is that so many of these examples—and a photographer can be included—do involve speech.” Protecting such speech would be “an affront...