Take a look at this excellent column regarding the case of Jack Phillips, the Colorado cake baker who has been repeatedly sued and prosecuted by the state despite Supreme Court rulings establishing that, yes, First Amendment protections apply to the messages created by cake decorators.
More or less, the state appears to be ignoring the Supreme Court for a simple purpose; to make the process so painful that their policies will be implemented simply out of fear of losing one's livelihood one billable hour at a time. The response needs to be swift and emphatic; if a prosecutor or plaintiff's lawyer ignores Supreme Court precedent and proceeds to lose again at the Supreme Court or other federal court, they lose their law license and are liable for damages to the defendant. In the same way, state court jurists whose decisions are found to contradict Supreme Court precedent, and then proceed to lose again at the federal level under the same precedent, need to lose their law licenses and pensions.
Put simply; "the process is the punishment" needs to be severely punished.
1 comment:
Amen!
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