In her final notes, Justice Kagan emphasized the danger in the Court deciding this case on the merits.50 The key issue to the majority concerned “who has the authority” to make such critical decisions. For Justice Kagan, “the answer, as is now becoming commonplace … this Court.” This decision obstructs the ability of Congress to delegate broadly and make policy decisions best for the public. Congress often delegates its power to agencies because of a lack of resources, changing circumstances, efficiency, and more. “This Court now won’t let it reap the benefits of that choice.”

Read more in the September-October issue of the St. Louis Lawyer, out now!

Please join us Wednesday, December 6th, for BAMSL’s Member Holiday Party! For more information or to register for this event, head to our website!

The 22nd Circuit Court is seeking applicants for a contract attorney position to provide legal representation for defendant’s initial appearances related to Rule 33.01 and/or 33.05, as appointed. All applicants must possess a Juris Doctor or Bachelor of Law Degree and be a member of the Missouri Bar in good standing. Resumes accepted on a rolling basis. Only those selected for an interview will be contacted. EOE. Send resume and letter of interest to the attention of: “Contract Attorney” via email 

The Veterans Committee’s goal is to educate attorneys on issues that veterans face within the legal system and to connect those interested in helping veterans generally. The Veteran’s Committee is open to veterans and non-veterans and attorneys and non-attorneys alike.  We encourage anyone who is interested in learning more or helping those who’ve served this Nation, please register on BAMSL’s website. The Veteran’s Committee meets at noon on the third Tuesday of every month.

The deadline to submit nominations is October 13, 2023.

Nominations will be considered for the following Board of Governors positions:

• President-Elect
• Vice President
• Treasurer
• Secretary
• ABA Delegate

The answer depends on how you frame the question. Is Lorie Smith offering a website design service, or is she making an artistic statement?

In her petition for cert from the 10th Circuit she argued both, but the Court pointedly took up only the free speech claim. And a majority of six justices ultimately concluded she is not refusing a public accommodation to same-sex couples as such, but refusing to "celebrate" same-sex marriages. Which, they said, she has a right to do.

This may turn out to be a very narrow result, allowing a public-facing business to refuse service to someone in a protected class because of the owner's religious beliefs, but only if the service is inherently "expressive," whatever that exactly means, and only if that expression can somehow be attributed to the owner herself...

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