This was a straightforward free-expression case, and the Court could have resolved the dispute in favor of liberty.
I must respectfully disagree with the editors regarding the Supreme Court’s ruling in Masterpiece Cakeshop.
Professor Steve Vladek is right: The decision is “remarkably narrow.” One cannot help but be struck by the majority’s reticence from the outset: “Whatever the outcome of some future controversy involving facts similar to these, the Commission’s actions here violated the Free Exercise Clause.” Mind you, this is from the pen of Anthony Kennedy, a judicial supremacist who ordinarily interrupts his liberty bender only to scold the People — formerly known as the sovereign — to pipe down and quit grousing once the Robed Nine have spoken.
On this one, though, Justice Kennedy assures the Left it can grouse away. This ruling, in grudging accommodation of religious conviction, will not necessarily bear on the outcome “of some future controversy involving facts similar to these.”