4min chapter

Amicus With Dahlia Lithwick | Law, justice, and the courts cover image

MAGA SCOTUS Is Back

Amicus With Dahlia Lithwick | Law, justice, and the courts

CHAPTER

Gorsuch's Gymnastics

Mark O'Mara: The majority opinion goes through a lot of gymnastics in order to afford for first time, first amendment protection. He says it conflates cases about commercial speech and private speech; Sotomayor's dissent shows how radically this breaks from existing precedent. "Will our own dignity and equality be subverted so that this individual, this business, this commercial enterprise can say no to us," he asks.

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