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The Supreme Court cake case has an easy answer

Dana Milbank on

"Certainly."

Justice Elena Kagan decided to play. "The jeweler?"

Possibly, Waggoner reasoned.

"Hairstylist?"

"Absolutely not."

"The makeup artist?" Kagan persisted.

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Waggoner said that the makeup artist would not be speaking -- neither, she replied to Kagan's further questions, would the wedding tailor or the chef.

"Whoa!" Kagan pounced. "The baker is engaged in speech, but the chef is not engaged in speech?"

And let's not even get into the butcher and the candlestick maker.

The case could go either way, with four justices apparently on the cake-is-speech side, four on the cake-is-food side and the inscrutable Anthony M. Kennedy in between. But Kennedy did tell Francisco that his side in the case has a "problem," because "there's basically an ability to boycott gay marriages. If you prevail, could the baker put a sign in his window: 'We do not bake cakes for gay weddings'?"

...continued

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