Here’s What the Court Didn’t Decide in Masterpiece
…wo justices—Clarence Thomas and Neil Gorsuch—showed interest in Phillips’s free-speech claims, relying on Phillips’s description of himself as “an artist” and on the labor and imagination that he puts into his frosted creations. In a long footnote, dissenting Justices Ruth Bader Ginsburg and Sonia Sotomayor decisively rejected their colleagues’ argument, observing that Phillips had offered “no evidence showing that an objective observer understand…
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