newappsblog.com - New APPS: Art, Politics, Philosophy, Science

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In the face of the general disaster of the Republican majority on the Supreme Court’s ongoing power grab in the student loan case, I worry that the damage of the LGBTQ Wedding Website decision, Creative LLC v. Elenis , will get overlooked.  It seems to me, based mainly on a reading of Justice Sotomayor’s dissent, that the real forerunner of Creative LLC is a case mentioned nowhere in the decision or dissent: Burwell v. Hobby Lobby (2014).  Recall that in Burwell , the Court ruled that the Hobby Lobby Corpor

“Hobby Lobby is a large, big-box retail chain that employs over 13,000 people.  If those people (or others like them) didn’t exist or refused to work for Hobby Lobby, the corporation would go out of business immediately and the owners would have to find something else to do.  Hobby Lobby, Inc. takes advantage of the publicly-provided roads that its employees, managers, and customers take to get to its stores and that its owners use to get to their corporate offices.  Those offices were erected with the prot

It was this line of thought that I most remembered when reading Justice Sotomayor’s dissent in Creative LLC.  She notes that:

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