In his latest Justia blog post, Illinois Law dean and professor Vikram David Amar writes, with Professor Alan Brownstein (UC-Davis Law), about the recent SCOTUS decision in Masterpiece Cakeshop vs. Colorado Civil Rights Commission. They write:
"Although the majority opinion raises interesting doctrinal questions, some of which we address below, what may be most memorable and important in this opinion is not the analytic moves it makes, but the tone it employs and the message about respect, civility, and dignity it tries to send. At their best, Justice Kennedy’s writings rise above technical legal doctrine. He recognizes that the Constitution has to be interpreted to reflect the nature and values of the national community the document seeks to knit together. And sometimes the Constitution calls to us—to We the People—to remind us of what is best in our national character, and of the difficulties we encounter when we lose sight of our core commitments and succumb to factional divisions fueled by the passions of the moment."
Read the full post at verdict.justia.com.