1 year ago

Sam and Emma host Mark Joseph Stern, senior writer at Slate, to discuss the recent opening arguments that have come in front of the Supreme Court. Mark Joseph Stern then joins as he dives right into 303 Creative v. Elenis, aka Gay Wedding Cake 2.0, exploring how Alliance Defending Freedom back Lorie Smith and 303’s fight to refuse even the possibility of making a website for a same-sex wedding, changing the entire spin of her business to center her argument that allowing the use of one of her templates (not even a personalized website) is the same as a personal endorsement of the marriage. He also dives into the recent debates on the Supreme Court floor, as Alito embarrasses himself attempting to draw a parallel between being queer and being a KKK member. Next, Mark, Sam, and Emma dive into the upcoming Moore v. Harper North Carolina gerrymandering case, outlining who the actors are, how it centers on the radical “Independent State Legislature” theory, and why the GOP is even pretending to think that a state legislature can fully ignore its constitution, courts, and governor when assessing a fair election, before wrapping up with the heartwarming note of why our democracy might come down to a single vote by Amy Coney-Barrett.

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Joining the show and coming back to the show Mark Joseph Stern senior writer at slate. To talk about really two cases at the Supreme Court which are actually bookmarking us. One was heard yesterday these of course will be decided in June of next year or so. Or at least we'll be aware of their decision in June, maybe July. But yesterday there was a case arguing from the Supreme Court. Tomorrow there'll be a case argued against him by the Supreme Court. Let's start with yesterday's 303 creative versus Elena's Mark. What can you tell us about this case? Yeah, so this is the case about a Colorado website designer who sued in federal court because she does not want to make websites for same-sex couples who are getting married. no wedding websites for same-sex couples. and she claims that she has a First Amendment Free Speech right to refuse to serve any same-sex couples who come to her and ask for a wedding website. Now a Twist here. let me just one thing okay she doesn't have to do any of this. What she wants to do is have a business licensed by the state use the state's apparatus to exchange funds and everything that's involved in that. She wants to use our resources as a society and engage in commercial activity which is licensed by the state and decide not to serve specific people right? Even though that situation has never actually come up for her by the way. We should point out that she hasn't been asked to do a gay person's wedding website. Oh, she will be. yes yes but I mean that's that but that's the point ultimately right I mean is that she nobody's forcing her to do anything. It's just that there is in the same way that you know I gotta I I have to obey the laws of the road if I'm gonna drive. She's got to obey the laws of this country if she's going to use the country's apparatus to make money.

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