SCOTUS Review: Masterpiece Cakeshop v. Colorado Civil Rights Commission

On June 4, 2018, the United States Supreme Court issued a 7-2 decision in Masterpiece Cakeshop that, while narrow, made waves. Masterpiece juxtaposed the rights of a gay couple to obtain a wedding cake under Colorado's anti-discrimination law against the rights of a bakery owner, who believes that requiring the bakery to provide a wedding cake for an LGBT wedding violates the constitutional rights to freedom of speech and the free exercise of religion.

Experienced Supreme Court practitioner Erica Dubno discusses this important recent decision, the details of the narrow ruling, and its potential consequences. Join Ms. Dubno for this discussion of Masterpiece, including comments from multiple Supreme Court Justices and a discussion of different applications of the First Amendment. This course is relevant for practitioners at all levels.


Learning Objectives:

1. Identify the history, procedures, arguments, and holding of recent Supreme Court authority
2. Consider the consequences of Supreme Court authority on subsequent related cases
3. Discuss the question of the First Amendment as a "shield" or "sword"