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Title : Justice Alito's Kristallnacht hypothetical (in the Masterpiece Cake case).
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Justice Alito's Kristallnacht hypothetical (in the Masterpiece Cake case).

From the Wall Street Journal's excellent coverage of today's oral argument:

Justice Alito continued to poke at Colorado’s insistence that all would be well if Mr. Phillips simply provided an identical product--such as the same cake with the same words--without regard to characteristics the state protects from discrimination. What if one couple ordered a cake celebrating its anniversary, with icing that read something like, “Nov. 9 is the greatest day in history.” And then someone else came in and ordered the identical cake, explaining, “We’re going to have a party to celebrate Kristallnacht”--the Nazi pogrom that began Nov. 9, 1938, marking a major step toward the Holocaust.

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