Max KennerlyJun 30, 2023

Let's be clear: nothing happened to the plaintiff in 303 Creative, the whole "case" was a hypothetical exercise, and the GOP Justices used it as a vehicle to undermine every single federal, state, county, and city anti-discrimination law in the country.

There's now a special exemption for any bigot who wants to claim their work is "expressive," even if the work they do doesn't express any message at all.

https://www.supremecourt.gov/opinions/22pdf/21-476_c185.pdf

Show threadMichael GemarJun 30, 2023
@maxkennerly I didn't think the courts would typically rule pre-emptively, and required an actual harm.
Show threadPaul BottsJun 30, 2023

@michaelgemar @maxkennerly That's true, in fact it's in the Constitution regarding the SCOTUS. In this situation the "actual harm" is a state law preventing someone from doing something, on (the plaintiffs argued) a constitutionally-illegitimate basis.

Imagine if a state passed a law saying "no new business licenses for people of Chinese descent". That would obviously violate the federal constitution, and Asian-Americans could bring federal suit over that actual pre-emptive harm.

Show threadMichael Gemar
@PaultheFossil @maxkennerly So I don’t even have to be doing the activity, merely claim that I *want* to do the activity, and so at some point in future *might* be harmed? All other significant SC cases that I know involved individuals who were claiming actual harm (E.g., Loving, Obergefell, Masterpiece Cake Shop). Is there precedent for no person claiming *actual* harm? What are some examples?
Jun 30, 2023 at 3:06pmWeb
Show threadPaul BottsJun 30, 2023
@michaelgemar @maxkennerly In order to get the case heard you have to show that you were actively trying to do the activity and the unconstitutional (in your argument) state law is preventing you.
Show threadMichael GemarJun 30, 2023
@PaultheFossil @maxkennerly And those criteria were not met here — she didn’t actually do the activity, and there was no actual customer she was required to serve under the law.