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" The First Amendment was never going to lose this battle on Kennedy’s desk. But the way Kennedy decided to make it win solved nothing. Kennedy refused to decide whether Phillips had a constitutional right to bigotry under the free exercise clause. Instead, he ruled that the Colorado Civil Rights Commission, which punished Phillips under the CADA, was insufficiently respectful of Phillips’s religious objections. That’s right: Kennedy wouldn’t call Phillips illegally bigoted against gay couples; instead he called the Colorado board illegally bigoted against religious people. It was a punk move, done by a man who was sick of history having its eyes on him. Kennedy peaced out less than two months later and gave Brett Kavanaugh his job. "

Elie Mystal , Allow Me to Retort: A Black Guy's Guide to the Constitution


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Elie Mystal quote : The First Amendment was never going to lose this battle on Kennedy’s desk. But the way Kennedy decided to make it win solved nothing. Kennedy refused to decide whether Phillips had a constitutional right to bigotry under the free exercise clause. Instead, he ruled that the Colorado Civil Rights Commission, which punished Phillips under the CADA, was insufficiently respectful of Phillips’s religious objections. That’s right: Kennedy wouldn’t call Phillips illegally bigoted against gay couples; instead he called the Colorado board illegally bigoted against religious people. It was a punk move, done by a man who was sick of history having its eyes on him. Kennedy peaced out less than two months later and gave Brett Kavanaugh his job.