Supreme Court’s conservative majority deals blow to Biden administration in consequential rulings

WASHINGTON - The Supreme Court handed down two momentous decisions Friday that sparked intense reaction from every corner of the country. The first ruling was a challenge to public accommodation laws and LGBTQ+ rights, while the second delivered a decisive blow to President Joe Biden’s proposed student loan forgiveness plan.

In 303 Creative LLC v. Elenis, the Supreme Court ruled 6-3 in favor of Colorado web designer Lorie Smith saying that the business owner has the right to deny services to same-sex couples because it defies her religious belief "that marriage should be reserved to unions between one man and one woman."

The majority opinion, written by Justice Neil Gorsuch, asserts that the First Amendment prohibits the state of Colorado from using its Anti-Discrimination Act — a piece of legislation that most states have on the books in one form or another — to force Smith to create content that expresses views she disagrees with. 

In her suit, Smith argued that while she is "willing to work with all people regardless of classifications such as race, creed, sexual orientation, and gender," she will not produce content that "contradicts biblical truth" regardless of who orders it. 

Critics argue that the decision effectively provides businesses with a constitutionally protected right to discriminate against patrons in certain circumstances. 

"Five years ago, this Court recognized the ‘general rule’ that religious and philosophical objections to gay marriage ‘do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law’," Justice Sonia Sotomayor wrote in the dissenting opinion, referring to the 2018 Masterpiece Cakeshop case.

"Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class," Sotomayor said. "By issuing this new license to discriminate in a case brought by a company that seeks to deny same-sex couples the full and equal enjoyment of its services, the immediate, symbolic effect of the decision is to mark gays and lesbians for second-class status." 

Justices Ketanji Brown Jackson and Elena Kagan joined Sotomayor in dissent.

Unlike in Masterpiece Cakeshop v. Colorado Civil Rights Commission, where the court ruled in favor of a baker who refused to make a cake for a gay couple citing his Christian beliefs, it’s been noted that Smith was not actually approached about designing a website for a same-sex couple. 

"Not one LGBTQ couple sought the business’ services so this case is a massive abuse of the judicial system and part of a coordinated effort for groups like the Alliance Defending Freedom to leverage corrupt extremist justices to roll back rights of marginalized Americans. The decision does not reflect a country that supports LGBTQ people and recognizes that our relationships are equal, valid and valued," the advocacy organization GLAAD wrote in a statement. 

President Joe Biden also said Friday he is "deeply concerned" that the ruling "could invite more discrimination against LGBTQI+ Americans."

"Today’s decision weakens long-standing laws that protect all Americans against discrimination in public accommodations – including people of color, people with disabilities, people of faith, and women," a White House statement read. 

Former House Speaker Nancy Pelosi echoed Biden’s sentiment, saying, "No business or organization open to the public should be allowed to mask discrimination behind the guise of free speech or religious liberty. The Supreme Court ruling in 303 Creative LLC v. Elenis disrespects the Constitution & disregards America’s promise of equality for all." 

Conservatives, however, see the decision as a win for First Amendment rights — something that has become a decisive issue for the GOP in its fight against the Biden administration. 

"Today is a HUGE victory for religious liberty. Glad to see the Supreme Court make the right call here!" said Rep. Lauren Bobert, R-Colo., a member of the Freedom Caucus and one of the legislature’s staunchest supporters of free speech.

Gorsuch said in the written opinion that the First Amendment protects Americans’ rights to "think and speak as they wish, not as the government demands" and that Colorado sought to "deny that promise."

"Before today’s ruling, the state of Colorado wanted to compel the speech of Christian artists and business owners who declined to use their God-given talents to celebrate views that run contrary to what their faith teaches," Texas Sen.Ted Cruz said in a statement. "The Supreme Court’s decision in this case is a victory for the First Amendment not just in Colorado, but all across the United States."

Split along ideological lines, the ruling is being cited by many as another example of a politicized court. Its next ruling striking down Biden’s student loan forgiveness plan only added to the firestorm of allegations against the court's majority. 

Senate Majority Leader Chuck Schumer said the decision said the "disappointing and cruel ruling shows the callousness of the MAGA Republican-controlled Supreme Court." 

After a more than three-year pause, interest collections on student loans will resume starting Sept. 1 and borrowers will be required to start making their monthly payments again beginning in October. 

"The fight will not end here. The Biden administration has remaining legal routes to provide broad-based student debt cancellation. With the pause on student loan payments set to expire in weeks, I call upon the administration to do everything in its power to deliver for millions of working- and middle-class Americans struggling with student loan debt," Schumer added.

Progressive Sen. Elizabeth Warren, D-Mass., has been a long-standing advocate of student loan forgiveness. She joined Schumer and many of their Democratic colleagues in calling on Biden to explore other avenues to alleviate the burden of student loan debt for more than 40 million borrowers. 

"Extremists on the Supreme Court have once again substituted politics for the rule of law, but this fight is not over. The president has more tools to #CancelStudentDebt, and he must use them," Warren said on Twitter. 

"To every borrower who feels defeated by this callous Supreme Court ruling, I am fighting for you and this isn’t over. I’m calling on @POTUS and @SecCardona to immediately use other authorities to #CancelStudentDebt. A promise is a promise," said Rep. Ayanna Pressley, D-Mass. 

Meanwhile, House Speaker Kevin McCarthy applauded the court. 

"President Biden’s student loan giveaway is ruled UNLAWFUL. The 87% of Americans without student loans are no longer forced to pay for the 13% who do," he tweeted. "This builds on the Fiscal Responsibility Act’s end to the payment pause. The President must follow the law," he said.

McCarthy noted the court’s citation of an earlier statement by then-Speaker Pelosi in which she said, "People think that the President of the United States has the power for debt forgiveness. He does not. He can postpone. He can delay. But he does not have that power. That has to be an act of Congress.'"

"I agree with her for once!" he wrote in a follow-up tweet.

Republicans say they will work to block any other attempts by the Biden administration to cancel debt. 

"Senate Republicans warned that President Biden’s student loan scheme was unconstitutional. Today’s decision confirms that. We will block any attempt by President Biden and Congressional Democrats that continues this executive overreach and reckless spending. The 87% of Americans with no student loan debt should never be forced to pay off the debt of the 13% who do," said Sen. John Barrasso, R-Wy. 

Despite the party’s widespread condemnation of Biden's plan, some GOP senators are hoping to deflect some voter backlash by supporting bills aimed at lowering the cost of education. 

At least eight Republican senators have signed on to the Stop Reckless Student Loan Actions Act which would, in part, allow the president to temporarily suspend loan repayment for certain low- and middle-income borrowers, although it would limit those suspensions to a period of 90 days and subject them to congressional disapproval.

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