It had been long-standing precedent that DOJ would continue to argue on behalf of legislation passed during previous administrations, even if the current administration does not agree with the law. Many conservatives were up in arms over the decision then, and now the shoe is on the other foot. Leftists are hyperventilating that this is somehow the most egregious act in American presidential history despite the previous president having done the same exact thing.
There are intelligent ways one could go about distinguishing these decisions, but the above tweet is certainly not one of them. Uh huh. Now Hemel is not a constitutional law professor, but a law professor or assistant professor should be more adept at rationally and logically arguing points of law, regardless of the topic. These are the minds responsible for teaching the next generation of lawyers.
And we wonder why jurisprudence is such a mess in this country.
As an aside. And yet, Cooke writes that Republican presidents should nevertheless voluntarily hold themselves bound to an altogether more restrictive code of behavior. This unilateral disarmament would be political suicide. It leads directly to a world where Democratic programs and policies are easily implemented and enforced, but where Republican ideas face a host of self-inflicted procedural hurdles, followed by the chance that even if a conservative idea were to become law, a Democratic executive could simply ignore it.
The race to the bottom is unfortunate.
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It would not be my first choice. But the Democrats brought us here and, as Sen. Colorado Civil Rights Commission. David French has a much more optimistic view of the wide ranging portents for religious liberty, and is joined in that assessment by the editors at National Review. The latter reads the tea leaves of the five different written opinions and predicts other religious liberty litigants would not fare as well in future cases not involving such manifestly biased commissions.
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In a sense, the opinions offer us a ladder of liberty, so to speak, with the top rung being more mindful of the value of the first amendment protections regarding speech and religious liberty. The former wrote the dissenting opinion joined by the latter. First, she argues that a wedding cake contains no clear expressive content. Then she claims — falsely — that Phillips denied a service to a homosexual couple he would have provided to a heterosexual couple.
As even the CCRC seems to concede, it is not the service that is at issue. Phillips would have produced other baked goods to Craig and Mullins, even presumably a wedding cake purchased for a heterosexual couple. But this only works if one denies the expressive content of the cake, which almost all the other judges concede at one level or another. So Ginburg — and presumably Sottomayor — are okey dokey with outright hostility to the exercise of first amendment rights in the interest of non-discrimination.
Up a rung on the ladder are Justices Kagan and Breyer. In the narrowest sense this might be true, but this is nothing more than a coy evasion of reality. The meaning of the cake, as far as Phillips is concerned, truly changes in nature if the marriage being celebrated is between a same-sex couple.
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The concurrence in general, and the footnote in particular, makes clear that Kagan and Breyer would have decided against Phillips had the CCRC been less inept, meaning that there are four sitting of the justices on the Supreme Court whose commitment to religious liberty is rather weak at best. Kennedy opens up with an effort at deep profundity. Kennedy never directly says that the decision would have been altered in a post- Obergfell setting, but it would not be out of line to read that much into the decision.
This distinction should have no bearing on the outcome. When it comes to weddings, it can be assumed that a member of the clergy who objects to gay marriage on moral and religious grounds could not be compelled to perform the ceremony without denial of his or her right to the free exercise of religion. This refusal would be well understood in our constitutional order as an exercise of religion, an exercise that gay persons could recognize and accept without serious diminishment to their own dignity and worth. Yet if that exception were not confined, then a long list of persons who provide goods and services for marriages and weddings might refuse to do so for gay persons, thus resulting in a community-wide stigma inconsistent with the history and dynamics of civil rights laws that ensure equal access to goods, services, and public accommodations.
It seems Justice Kennedy is standing at the ready with his pen and paper ready to check-off who within the marriage industry is eligible to make religious freedom claims. The Commission ruled against Phillips in part on the theory that any message the requested wedding cake would carry would be attributed to the customer, not to the baker. Yet the Division did not address this point in any of the other cases with respect to the cakes depicting anti-gay marriage symbolism.
Additionally, the Division found no violation of CADA in the other cases in part because each bakery was willing to sell other products, including those depicting Christian themes, to the prospective customers.
Here Kennedy seems to be making a much stronger argument calling for consistency in the application of viewpoint discrimination claims. This is not exactly a homerun for religious liberty, because future commissions could just universally rule against all bakers, and Kennedy would be okay with first amendment violations so long as the states were consistent in application. So, as we seemingly always are after Justice Kennedy has ruled, we are left in a state of constitutional limbo. Moving up the ladder we have Justice Gorsuch, who wrote a concurring opinion, joined by Sam Alito.
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He outlines the facts in the William Jack case and the Phillips case, noting that the bakers in the Jack case and Phillips all refused to bake the requested cake due to their personal convictions, and not based on the characteristics of the customers being refused service. For example, the bakers in the Jack case would have refused to bake the same type of cake for an atheist customer, and Phillips would not have baked a cake celebrating a same-sex wedding for a heterosexual customer.
He adds:. The Commission cannot have it both ways.
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The books user-friendly style is one of its greatest assets. In tight, to-the-point chapters, the book addresses those tasks that students commonly face in law school: from reading and briefing cases, to outlining, to preparing and taking exams, to being called on in class. The book also provides advice on success outside the classroom, including preparing for the bar exam.
In many ways, through the professors grumblings, the book promotes professionalism and common sense. At the back of the book are sample case briefs, outlines, and exam answers. The Cajun Fox is a fox obsessed with cooking. He kidnaps Muriel in order to make a stew, using her as the final ingredient, but he ends up falling into the pot of stew himself when Courage falls on top of him and Muriel just as he is about to throw Muriel into the pot, making a "Cajun fox stew" instead. Freaky Fred is Eustace and Muriel's creepy nephew who was sent to the " home for freaky barbers ", due to his obsession with cutting the hair of people or animals to the point that they are bald.
While visiting Muriel, he gets locked in the bathroom with Courage because of Eustace, and continuously shaves off all of Courage's fur, except for the tail and a part where he left "With love- Fred" pausing to reminisce about similar incidents involving his pet gerbil , his ex-girlfriend Barbara and a customer at his barber shop. The Clutching Foot is a strange foot fungus that Eustace had gotten and mutated into a self-aware being. It resembles a giant purple left foot with heads for toes and acts as if it were a stereotypical criminal mob, with the big toe as the kingpin , and the smaller toes as his goons.
Gerbil is a gerbil who speaks with a Southern accent , who has gone mad due to being experimented on and feeling trapped by his previous owners. He is now a mad scientist , who performs strange experiments on humans with homemade cosmetic products , because he believes that he needs to exact revenge on humans for what they do to animals. He lives with his assistant, Rat, whom he constantly asks for a hug.
Despite receiving his money in the end, he refuses to return the inhabitants of the city to normal, as he is jealous of the happiness of others. He then turns his attention towards the Bagge family, determined to inflict sadness and depression on all of the inhabitants of Nowhere. The Goose God is an anthropomorphic goose who came down from the heavens to search for the woman of his dreams, and ended up falling in love with Muriel, whom he competed with Courage for Eustace to make his wife and queen even though Eustace is completely unaware this is happening.
He later falls for Eustace's truck after hearing it honk. Jeeves "Evil" Weevil is a giant, polite, blood-sucking weevil who wears a blue tuxedo and hat. When the Bagges accidentally run him over with their truck and injure him, he is accepted into their home. He does not suck out dogs' lives, so Courage is unharmed.
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He succeeds at sucking out Eustace's life. The King of Flan is a man with a Spanish accent and the proprietor of a company that makes flan. He produces a TV commercial that uses hypnotism to attract customers, all of whom become morbidly obese after eating too much flan. Courage comes to stop The King of Flan from broadcasting on all the networks, and causes The King to accidentally hypnotize himself. King Ramses is the ghost of a pharaoh from ancient Egypt. Two cat grave robbers steal a slab decorated with images of King Ramses and pictures corresponding to each of his three curses from his tomb and flee to Nowhere, but Ramses appears and demands the return of his slab.
He later attacks the farm when Courage finds the slab and Eustace refuses to return it after discovering it is worth a fortune, summoning a flood water , record player , and locusts.
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Eustace finally gives in and Courage throws the slab out of the house. After Eustace reclaims it, Ramses unleashes one final curse that imprisons Eustace in the slab as it is returned to Ramses's crypt the next day. In ancient times, the baker served cookies to the Mayan princess until she falsely accused him of stealing cookies and selling them to villagers for money, but the thief was really her trusted royal poobah. Thousands of years later, Professor Frith accidentally resurrected the Mummy. After attacking him, the Mummy decided to take revenge against Eustace and Muriel.