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Trump’s Travel Ban Is in Trouble at the Supreme Court

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In Monday’s decision, Justice Kennedy made plain that it is appropriate to consider the prejudice in things government officials say when analyzing claims that those officials’ actions are unconstitutionally discriminatory: The key to the Masterpiece Cakeshop decision, for Kennedy, was a series of statements by two members of the Colorado Civil Rights Commission that displayed, or might have suggested, a prejudicial attitude toward the baker’s religious beliefs.

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