The University of Idaho College of Law’s Constitution Day presentation Monday focused on the challenges the judiciary faces by highlighting several recent decisions.
Panelist comprised of College of Law faculty members presented snapshots of a variety of sensitive high-profile cases that have made their way into the Supreme Court.
The first case was presented by Associate Dean for Faculty Development in the College of Law, Stephen Miller. In the spring of 2018, the case of South Dakota v. Wayfair, a popular online store, focused on the economic disruption of internet shopping to state funding.
“When people bought things at brick and mortar stores down the street the government got sales tax,” said Miller. “With online shopping state and local government funding is disrupted.”
UI Professor of Law Richard Seamon presented on what he said was one of the more well-known cases in recent time, Masterpiece Cakeshop v. Colorado. The case focused on a custom wedding cake maker in Colorado, who refused to make a wedding cake for a same sex wedding because of his religious views. Masterpiece cake shop was penalized by a Colorado organization for discrimination. The case went on to U.S. Supreme Court where the baker won his case.
“The court’s decision was very narrow, it was based on the state of mind of the organization that issued the penalty,” Seamon said. “By the same token, the court made it very clear that by the constitution (for) the state of Colorado cannot discriminate because of race, gender or sexual orientation. The constitution protects the freedom of expression. So, was the act of baking a cake, a custom-made wedding cake and action of freedom of expression though the constitution?”
Associate professor of law Katherine Macfarlane offered an alternative look on the Constitution, but said it is important to that it be celebrated.
“We can both honor our constitution and acknowledge its pitfalls,” MacFarlane said. “Is compelling speech almost as bad as restricting speech when you are making someone portray a specific message?”
The event was sponsored in partnership by the Federalist Society and the American Constitution Society, which both have chapter in Moscow. ACS is a national leading professional law society with focus on educating people about the constitution and make leading and professional progressive analysis.
Clay Leland, president of the local chapter of the Federalist Society said that he sees the society as one of the best opportunities for law students to get to be a part of.
“Judges lawyers and students debate on key issues in law,” Leland said. “It allows for national debate an open and thoughtful discussion.”
Ellamae Burnell can be reached at [email protected] or on Twitter @EllamaeBurnell