Noel Francisco argued the case for the nasty guy’s Department of Justice. He has ties to at least one extreme right think tank (though the group tried to hide the connection so Francisco would be seen as unbiased) and was probably well schooled.
Francisco insisted that under the Colorado law, a Black baker would be forced to create a cake for the Ku Klux Klan. This is a point the conservative justices jumped on, despite knowing that the KKK is not a protected class and therefore not subject to the same anti-discrimination protection as a same-sex couple.
Pieklo then focuses on Anthony Kennedy, who has been balancing the dignity of LGBT people with the dignity of religious people. In the same-sex marriage case Kennedy was on our side. In the Hobby Lobby case (in which the company was given permission to not provide contraceptive services for its employees) Kennedy was on their side. This baker case is a clash between Kennedy’s two views.
So Pieklo thinks Kennedy may not fully support our side. And whatever he decides his reasoning will be mushy.
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