Incomplete Supreme Court Victory For Baker; More to Come

cakeToday, in the Masterpiece Cakeshop case, the court voided the order of a lower court ordering a Colorado baker to pay punitive damages and cease refusing to prepare wedding cakes for lesbian and gay couples. However, analysis of the decision finds it on temporary grounds and open for a different outcome when it is eventually decided on constitutional grounds.

The case centers on a well-publicized refusal by a bake shop to make a wedding cake after the nature of the wedding was revealed to them.

The court found, by a 7-2 vote, that the Colorado Civil Rights Commission was unfairly hostile to the shop’s religious objections and essentially never gave the baker a fair hearing. So it sent it back for a new hearing where the baker may have a chance.

Two Justices, Thomas and Gorsuch, went further and said they would have allowed the refusal on religious grounds. But the other five prevailing Justices did not go there in this opinion. In fact, there were five separate opinions in this matter, including one dissent. Maybe they will take that step when it inevitably comes back. Maybe not. But this case was today decided on the unfair procedure used in the initial proceeding and not on any religious freedom or LGBT rights issue.

I’ve included some lengthier discussion in the SCOTUSBlog post on the topic.




Oregon Park Takeover Guru Alleges He is an Idiot

Remember when a group of people’s militia types took over a Federal park in Oregon and

He says he is an idiot. No argument here.

demanded that the government give them the property? Remember how the leader of that effort was the son of the guy who had an armed standoff at his ranch in Nevada when he owed several million dollars in grazing fees? If not, you can read here and here.

Anyways, Ryan Bundy, son of Al Bundy Cliven Bundy, leader of the illegal occupation of Federal land that resulted in one militia member dying, has now filed papers in court alleging that he is an idiot and should be paid accordingly.

Apparently, Ryan is part of the Sovereign Citizens movement, which has all manner of bizarre legal theories that they incorporate into court filings. For example, this filing from Bundy is careful to not capitalize his own name, so that the distinction between his natural and his corporate identity is preserved. He also says he is entitled to $100 million dollars if he has to play the “role” of a defendant and go to trial. Really wacky stuff here, folks.

With these Sovereign Citizens, it always comes back to America going off of the gold standard, the 14th Amendment proving white people do not have to be U.S. citizens (but other races do), and the local County Sheriff being the only legitimate authority anywhere. I bet the Sheriff of Notthingham would have agreed, btw.

Hit the links and enjoy reading.