OT2017 #9: “Peak SG”

The exciting December sitting may be over, but were still here to let you know what you missed. We catch you up on the oral argument inMasterpiece Cakeshop, everybodys favorite cake-flavored battle between religious liberty and gay rights. Well answer your burning questions: Did Justice Anthony Kennedy tip his hand as to which side hes on? Does Justice Elena Kagan think theres a constitutional difference between cake artists and makeup artists? Can the chief justice figure out a way to let the cake shop win without undermining protections against racial discrimination? Most importantly, does Justice Stephen Breyer realize that mole and guacamole arent the same thing?

Were also joined by recurring guest contributorNina Totenbergof NPR, who tells us what she noticed in the courtroom these past two weeksand what she talked about with New Jersey Governor Chris Christie, who was in the audience forChristiev.National Collegiate Athletic Association. And if thats not enough, we also discuss the American Civil Liberties Unions response to the governments controversial cert petition inHarganv.Garza, the heated abortion-plus-undocumented-immigration dispute in which the solicitor general asked the Supreme Court to consider imposing sanctions on opposing counsel. And as always, we answer some calls from the hotline. Its an action-packed episode worthy of an action-packed sitting of the court!