June 30th is the nominal last day of the Supreme Court's current term. The Court began the day with the long-awaited decision in 303 Creative LLC v. Elenis, another 6-3 jurisprudentially ideological split in which, per Justice Gorsuch, the Court holds that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. As was the situation with yesterday's affirmative action cases, it is hard to tell whether the majority and the dissenters (Justice Sotomayor writing their opinion) are speaking about the same case. The majority views this as a clear case of forced speech. To the dissenters, this is no more than a matter of requiring conduct—the sale of services—on the basis of equality. Thus, Justice Gorsuch opines, “Colorado seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance.” As Justice Sotomayor sees it, ”[t]oday, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class.”
Recent Updates
- AI Standing Orders in Ohio Federal Courts: Scope and Proof of Violations
- The Courthouse Banned Your AI Glasses: What New York’s Smart Glasses Rule Means for Litigants and Counsel
- Fall 2026 SCOTUS Preview: Cases to Watch
- Same Trade Secret Dispute, Different Injunction Standards: PCC Airfoils v. Daugherty, et al., and Forum Choice in Ohio
- ABA and FWA: Compliance Best Practices