When Christian conservatives lost in Masterpiece Cake Shop back in 2018, they regrouped and picked up the trail of breadcrumbs from Justice Clarence Thomas’ dissent that suggested a freedom of speech approach. Next week, the Supreme Court will hear arguments in 303 Creative v Elenis - another case that takes aim at Colorado’s anti discrimination laws. This time, arguments about whether a website designer has the right to advertise that she will not design websites for same-sex weddings, will be focused on freedom of speech. But as this week’s guest, Hila Keren, argues, excluding people from the marketplace and humiliating them in the process is not a matter of free speech, and it is a matter progressives have been largely silent about. Together, Dahlia Lithwick and Professor Keren dig deep into a case that hasn’t been given the attention its potential wide-ranging consequences demand. 

In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about another big case - this past week’s arguments in US v Texas, including brazen judge-shopping, nationwide injunction-slapping, and President Biden’s immigration policy. Then Mark explains exactly what is - and isn’t - in the same sex marriage bill that’s making its way to President Biden’s desk. 

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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout.

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