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what’s really remarkable about the case is how little guidance it gives about what types of discrimination are now functionally legal. it’s a potentially massive hole blown into civil rights laws, but there’s very little clarity
A saving grace to 303 Creative doctrinally was that it (kinda sorta allegedly) involved actual language as part of the customization. That could allow it to have relatively little damage. In the short term it changes little. But whether the crack becomes an open floodgate, lots to be nervous about.
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the vagueness of the decision lets the Court sit back and see where the conservative legal movement takes it. until then they get to use that vagueness as a sort of deniability.
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yeah, this decision is very calvin ball. If we only get conservative judges appointed in the next decade then goodbye civil rights law.
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if the floodgates don't adequately open after 303 creative then conservatives will engineer a case about a guy who would like to buy the stonewall inn to open a discrimination store
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that's the point of course...
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Elie Mystal’s latest for The Nation is on this. It came out this morning
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I would simply not stipulate that a defendant's conduct is expressive