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

MAGA SCOTUS Is Back

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

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The Limiting Principle in Gorsuch's Majority Opinion

Mark Whitaker: There is no limiting principle in the majority opinion. He could have written that same sex couples are simply inferior and are not deserving of the same robust protections under civil rights law as other people on the basis of race or religion, but he doesn't say that. Yet his reasoning applies across the board to all kind of protected traits.Whitaker: Is this just an absolute license to discriminate if you can dress it up in the pretext of speech, perhaps with some underlying infusion of religion? It leads us into truly uncharted waters.

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