SCOTUS announced its decision in the Colorado gay wedding cake case yesterday (4 June). In brief, the Court side-stepped the main substantive issue (is baking a wedding cake a form of expression under the First Amendment?) and decided the case on procedural grounds instead: litigants are entitled to a neutral decision maker, even in administrative law cases! (See, in particular, Part III of the Court’s majority opinion, pictured below.) In other words, this is more of a Fourteenth Amendment case (procedural due process) and less of a First Amendment case (free exercise of religion).
#PassiveVirtues #AlexanderBickel
prior probability 