Civil Rights,
Constitutional Law,
Corporate,
U.S. Supreme Court
Dec. 7, 2017
Cake arguments show that it’s still the Kennedy court
Ninety minutes of oral argument reaffirmed what everyone thought before the case was argued: It all depends on Justice Anthony Kennedy.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
OCTOBER 2017 TERM
Ninety minutes of oral argument in the U.S. Supreme Court in Masterpiece Cakeshop v. Colorado Civil Rights Commission reaffirmed what everyone thought before the case was argued: It all depends on Justice Anthony Kennedy. And as is his style, Justice Kennedy asked hard questions of each side, leaving both with cause for optimism and concern.
The case involves a ga...
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