Also: An echo of Obamacare in the Supreme Court ruling in the Masterpiece case.
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Tuesday, June 5, 2018
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[David Leonhardt]
David Leonhardt
Op-Ed Columnist
First, if youâve ever been curious to find out how much elite private colleges really cost, check out [a data-visualization that we just published this morning](. The answer for the vast majority of Americans is: A lot less than those scary sticker prices that approach $75,000 a year.
My colleagues and I analyzed the data from an online calculator that publishes the real cost of attending 32 selective schools, including Duke, Northwestern, Rice, Yale, Boston College and the University of Virginia. Our article reports those costs for poor, middle-class and rich families.
Wedding cakes, Obamacare and the Muslim ban. The breakdown of yesterdayâs 7-2 Supreme Court vote â in the matter of a cake baker versus a gay couple â had a familiar ring to it.
The majority was a combination of the five Republican-appointed justices and Stephen Breyer and Elena Kagan, both Democratic appointees. It was the same breakdown (with Neil Gorsuch replacing Antonin Scalia among the conservatives) that in 2012 had voted to make a major portion of Obamacare â the Medicaid expansion â voluntary for states rather than mandatory.
Some Court watchers saw undertones of [a political compromise]( in that earlier 7-2 vote. They believed that Breyer, Kagan and Chief Justice John Roberts had agreed, explicitly or otherwise, on a middle ground. Breyer and Kagan provided bipartisan cover for a significant rollback of Obamacare. In a separate part of the case, Roberts joined the four liberal justices to cast the crucial conservative vote that allowed the rest of the law to be upheld, 5-4.
If you believe that the justices sometimes practice the ancient arts of negotiation and compromise â and I do â then what could be the larger message of yesterdayâs ruling?
As in the Obamacare case, Breyer and Kagan yesterday signed onto a conservative decision, which sided ([on narrow legal grounds]( with the owner of a Lakewood, Colo., bakery called Masterpiece Cakeshop. The owner, Jack Phillips, argued that he had the right on religious grounds to refuse to bake a wedding cake for a gay couple.
Specifically, the court found that a Colorado commission that had earlier ruled against the store owner was prejudiced against him. The commission, Justice Anthony Kennedy wrote in the 7-2 decision, displayed âa clear and impermissible hostility toward the sincere religious beliefs that motivated his objection.â
In that rationale, several legal experts saw trouble for President Trumpâs Muslim ban. If the court âis serious about the reasoning and principles it articulated in Masterpiece Cakeshop, and it should be, then it should reject several of the arguments that have been used to defend the entry ban,â [wrote]( Leah Litman on the Take Care blog.
She added: âMasterpiece Cakeshop reiterated a point basic to our constitutional system â the government cannot act on the basis of animus or hostility toward a particular religion. To effectuate that principle, courts look to circumstantial evidence, including officialsâ words, to determine whether the government acted with animus.â
No one outside the court can know whether it will indeed reject the Muslim ban, as Litman notes. But if it does, and the vote is 5-4, with one conservative justice (most likely Kennedy) joining the liberals, the historical parallel will be hard to ignore.
In The Times, [Robert George]( says the behavior of the Colorado commissioners made the case an easy call for the court, while [Jennifer Finney Boylan]( calls for a Constitutional amendment to protect L.G.B.T.Q. rights.
Primary season continues. Today is the yearâs biggest day of primaries, with races in Montana, New Jersey, California and elsewhere. Californiaâs races are the most significant, because the stateâs open-primary system moves the top two finishers â regardless of party â onto the general election. The big question is whether a large field of Democrats in any swing district will split the vote and allow Republicans to finish one-two. That outcome would guarantee a Republican win in November and hurt Democratsâ chances of retaking the House.
[Dave Wasserman of the Cook Political Report]( has a preview, and [Clare Malone of FiveThirtyEight]( explains why California is so much more liberal than Texas.
The full Opinion report from The Times follows.
On the Masterpiece Decision
Contributing Op-Ed Writer
[After Masterpiece, Itâs Time to Change the Constitution](
By JENNIFER FINNEY BOYLAN
We canât keep litigating the equality of gay and lesbian Americans. We need an equal-rights amendment.
[Colorado Made the Masterpiece Case Easy for the Court](
By ROBERT P. GEORGE
The justices ruled against the obvious anti-Christian animus exhibited toward a baker who opposes same-sex marriage.
[The Masterpiece Decision Isnât Harmless](
By SILAS HOUSE
In red states like Kentucky, it is likely to embolden anti-gay legislation.
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Letters
[The Wedding Cake Ruling: Gay Rights and Religion](
Readers discuss the Supreme Court decision backing a Colorado baker who refused to make a cake for a gay couple.
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