//  12/7/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie, Jason, and Easha are joined by Take Care publisher Joshua Matz to talk about the Masterpiece Cake Shop oral argument, plus the status of Muslim Ban litigation and the future of Take Care

On Tuesday, the Supreme Court heard argument in the Masterpiece Cake Shop case, which presents the question of whether a baker in Colorado may refuse to create a wedding cake for a same-sex wedding even though Colorado prohibits retailers from discriminating on the basis of sexual orientation. Joshua Matz, who filed an amicus brief in the case in support of the same-sex couple, joins the podcast to help break down the argument. They talk first about the involvement of the Trump Administration and whether its legal position withstood questioning at the argument. They then analyze both the free speech and free exercise issues in the case, and they make some perhaps unexpected predictions about what the decision might be and how far its legal rule might reach.

Next, just minutes after the Ninth Circuit heard oral argument in a case about Muslim Ban 3.0, Joshua and Easha offer some quick takes on what happened there and what the Supreme Court's recent denial of a stay portends. Finally, Joshua discusses the past and future of Take Care.

As usual, you can listen online below, and subscribe here with any podcast player or here in iTunes.

Please share or provide feedback, and rate us in iTunes. You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. 

Links

  • The oral argument transcript in Masterpiece Cakeshop is here. The oral argument audio will be posted here on December 8, 2017.
  • Additional Take Care commentary on the case is here.

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Kavanaugh's potential perjury means that his seat on the Court may depend on continuing Republican control in Congress. This is plainly inconsistent with any account of judicial independence.

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Aziz Huq

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10/7/18  //  In-Depth Analysis

Do progressives give up on the Court? Declare war on it? Pretend nothing has changed? Each of us will have to decide for ourselves. There is no 'right way' to respond to our new reality.

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10/7/18  //  In-Depth Analysis

By the time the Supreme Court’s current Term ends in June, it will have been more than 50 years of GOP-appointed control, even though Democrats have won a majority or plurality of the popular vote in seven of the twelve elections in that period.

Marty Lederman

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