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Reading the Tea Leaves From the Supreme Court’s Cakeshop Argument

Justice Kennedy will likely be the swing vote on whether businesses have a First Amendment right to discriminate. The United States Supreme Court just finished hearing arguments in what will likely be a landmark case about the viability of the nation’s civil rights laws. In Masterpiece Cakeshop v. Colorado Civil Rights Commission, the question is whether a commercial bakery has a constitutional right to refuse to sell to a same-sex couple a wedding cake that it would have sold to any straight couple.
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