Masterpiece Cakeshop is not only an important ruling in and of itself; it also strengthens the case against President Donald Trump’s travel ban policy barring nearly all citizens of several Muslim-majority nations from entering the US. The travel ban case is currently before the Supreme Court. The evidence of “clear and impermissible hostility” in the travel ban case is actually much stronger than in the Cakeshop litigation.
Both Masterpiece Cakeshop and the travel ban case tend to divide people along ideological lines. The baker’s case is mostly supported by conservatives, while the case against the travel ban has far more support on the left. I am one of the relatively few people who believe that both the baker and the travel ban plaintiffs deserve to prevail. Be that as it may, today’s ruling highlights important similarities between the two cases. The author of today’s decision, Justice Anthony Kennedy, may well turn out to be a key swing voter in the travel ban case.
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