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Professor Mac McCorkle on the Supreme Court and 303 Creative v. Elenis, The Hill

Professor Mac McCorkle calls the ruling on 303 Creative v. Elenis a “historical low point” for the Supreme Court for The Hill. The Supreme Court ruled that a website designer has the First Amendment right to turn down same-sex couples due to religious beliefs. However, the context of the case has turned out to be purely hypothetical. The website designer is not currently in the business of developing wedding websites and no same-sex couple has filed a complaint of discrimination. Instead, the website designer requested a declaratory judgment that guaranteed her First Amendment right of refusal against any potential claim of discrimination if she were to expand her business to include wedding websites.

McCorkle questions why the Supreme Court was even ruling on a hypothetical and nonsensical case. He argues that “Creative 303 signifies nothing about a real legal case and very little about real distinctions among the justices. In this non-case, rhetorical culture-war jousting triumphed over good judicial sense.”

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