The 303 case's decision (and those voting in the majority) was interesting given the overlap with the folks who were in the minority in the independent state legislature doctrine case earlier in the week who argued that the Court shouldn't even hear it given that the case was effectively moot and there was no case or harm for the Court to adjudicate.
I'm sure that there are Lawyer Reasons why these are two COMPLETELY separate situations, but it wasn't a great look for Thomas, Gorsuch, and Alito.
(Disclaimer - despite the shenanigans around the 303 case, I DO believe that it was decided correctly.)
Agreed. the case was moot. I do believe the State Supreme Court should be the arbiter of questions involving the State Constitution. North Carolina has already shown how state supreme court rulings can be reversed after electing more conservative judges as was done in this case involving Gerrymandering. The current legislature is happy with the outcome. By the time the state legislature flips to democrat again, that legislature may or may not be happy depending on whether their version of Gerrymandering is overturned.
Courts sometimes have too much power, but someone has to arbitrate imprecise language in constitutions and laws.
“it would prohibit them from posting a notice on their website advertising that they offer wedding-website services only to opposite-sex couples,” as Colorado’s amicus brief stipulates.
Hmm? How would she know which sexes are opposite among all the choices in today's confusing environment?
The 303 case's decision (and those voting in the majority) was interesting given the overlap with the folks who were in the minority in the independent state legislature doctrine case earlier in the week who argued that the Court shouldn't even hear it given that the case was effectively moot and there was no case or harm for the Court to adjudicate.
I'm sure that there are Lawyer Reasons why these are two COMPLETELY separate situations, but it wasn't a great look for Thomas, Gorsuch, and Alito.
(Disclaimer - despite the shenanigans around the 303 case, I DO believe that it was decided correctly.)
Agreed. the case was moot. I do believe the State Supreme Court should be the arbiter of questions involving the State Constitution. North Carolina has already shown how state supreme court rulings can be reversed after electing more conservative judges as was done in this case involving Gerrymandering. The current legislature is happy with the outcome. By the time the state legislature flips to democrat again, that legislature may or may not be happy depending on whether their version of Gerrymandering is overturned.
Courts sometimes have too much power, but someone has to arbitrate imprecise language in constitutions and laws.
“it would prohibit them from posting a notice on their website advertising that they offer wedding-website services only to opposite-sex couples,” as Colorado’s amicus brief stipulates.
Hmm? How would she know which sexes are opposite among all the choices in today's confusing environment?