OT2017 #8: "Bespoke but Blank"

Is cake speech? It’s time to find out. This week, we preview Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, in which the Court will decide whether a baker may be compelled to make a cake for a same-sex wedding. But before we do, we recap the argument in Carpenter v. United States, the warrantless-location-tracking case, and conclude that the ACLU is in a good position—though not for the reasons in their brief. And we bring you news of the latest incident of mistaken identity at the Supreme Court, Elon Musk’s chance to appear at the podium, and the nature of Congress’ true powers over Indian law (for the Ablavsky piece we mention, go here).

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