S4, Ep. 08: Hypotheticals, reeducation, and a preemptive claim: SCOTUS hears 303 Creative v. Elenis

Amanda and Holly review this week's Supreme Court arguments in 303 Creative v. Elenis, a free speech challenge to a Colorado law that prohibits discrimination in the commercial marketplace. They look at how this case came to be, how it relates to 2018's Masterpiece Cakeshop case, and the difficulty in deciding weighty matters of free speech and nondiscrimination for a wedding website design business that has not started that aspect of its business. Amanda and Holly play clips from the courtroom and share why, based on the questions and the tone, they think 303 Creative will win this case. But, the big question is how the company might win and how this case may affect debates about religious freedom and nondiscrimination laws.

SHOW NOTES: Segment 1 (starting at 00:53 ): From Masterpiece Cakeshop to 303 Creative

Amanda and Holly previewed 303 Creative v. Elenis in episode 2 of season 4.

Learn more about the 2018 Masterpiece Cakeshop case and read BJC's brief at BJConline.org/Masterpiece

Segment 2 (starting at 10:44): Key takeaways from 2+ hours of oral arguments

We played three clips in this segment from oral arguments, which are available on the Supreme Court's website at this link:

• Justice Elena Kagan (starting at 2:04:54 into the oral arguments)
• Justice Ketanji Brown Jackson (starting at 00:46:12 into the oral arguments)
• Brian Fletcher, Deputy Solicitor General of the Department of Justice (starting at 01:56:00 into the oral arguments)

Amanda and Holly mentioned this op-ed by David Cole for The New York Times: The Supreme Court Is About to Ask the Wrong Question About the First Amendment

Segment 3 (starting at 26:20): A reeducation on some surprising questions

Visit BJC's Facebook page to see a video of Amanda outside the Supreme Court before the oral arguments began on Monday.

We played three clips in this segment from oral arguments, which are available on the Supreme Court's website at this link:

• Justice Ketanji Brown Jackson (starting at 00:21:54 into the oral arguments)
• Brian Fletcher, Deputy Solicitor General of the Department of Justice (starting at 02:07:46 into the oral arguments)
• Justice Ketanji Brown Jackson (starting at 02:14:57 into the oral arguments)

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