What happens when constitutional rights contradict each other?

[mahatmakanejeeves]

9. Try this:

Edith Roberts Editor

Posted Tue, March 6th, 2018 7:07 am

[e-mail]

Tuesday round-up

....
Briefly:
....

• In an essay available at SSRN, Michael McConnell considers Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which the court will decide whether the First Amendment bars Colorado from requiring a baker to create a cake for a same-sex wedding; he maintains that although “[s]ome may say that [a decision in favor of the baker] prioritizes one right over another – the right of freedom of speech, or perhaps the freedom of religion — over the right not to suffer invidious discrimination,” such a decision would instead “put these rights on an equal plane.”
....

Recommended Citation: Edith Roberts, Tuesday round-up, SCOTUSblog (Mar. 6, 2018, 7:07 AM), http://www.scotusblog.com/2018/03/tuesday-round-up-418/

Dressmakers, Bakers, and the Equality of Rights

You can download the paper or open it as a .pdf document.

DRESSMAKERS, BAKERS, AND THE EQUALITY OF RIGHTS

Michael W. McConnell

Richard and Frances Mallery Professor and Director of the Constitutional Law Center at Stanford Law School, Senior Fellow at the Hoover Institution, and former Circuit Judge on the United States Court of Appeals for the Tenth Circuit