SCOTUS Review: Masterpiece Cakeshop v. Colorado Civil Rights Commission

(192 Ratings)

Produced on: November 27, 2018

Course Format On Demand Audio

Taught by


Course Description

Time 61 minutes
Difficulty Intermediate

On June 4, 2018, the United States Supreme Court issued a 7-2 decision in Masterpiece Cakeshop that, while narrow, made waves. Masterpiece juxtaposed the rights of a gay couple to obtain a wedding cake under Colorado’s anti-discrimination law against the rights of a bakery owner, who believes that requiring the bakery to provide a wedding cake for a same-sex wedding violates the constitutional rights to freedom of speech and the free exercise of religion.

Experienced Supreme Court practitioner Erica Dubno discusses this important recent decision, the details of the narrow ruling, and its potential consequences. Join Ms. Dubno for this discussion of Masterpiece, including comments from multiple Supreme Court Justices and a discussion of different applications of the First Amendment. This course is relevant for practitioners at all levels.

Learning Objectives:
  1. Identify the history, procedures, arguments, and holding of recent Supreme Court authority
  2. Consider the consequences of Supreme Court authority on subsequent related cases
  3. Discuss the question of the First Amendment as a “shield” or “sword”


Erica Dubno

Fahringer & Dubno, Herald Price Fahringer PLLC

Erica T. Dubno worked with Herald Price Fahringer for 20 years. She is one of the National Trial Lawyers Top 100 Trial Lawyers. Erica Dubno has received awards for her appellate advocacy and, together with Mr. Fahringer, has drafted criminal and civil appeals in the federal Courts of Appeals for the Second, Third, Fourth, Eighth and Ninth Circuits, as well as the United States Supreme Court, and in the New York Court of Appeals.

She has co-authored numerous articles with Herald Fahringer, as well as book reviews for the New York Law Journal. Erica Dubno graduated from Oberlin College and Brooklyn Law School with honors. 


Siobhan C.

Awesome. Engaging presenter, she's really good. I followed this case, but still learned a lot from this - some details I hadn't heard before and really nice, nuanced review of the holding and how the Justices ruled. She seems to be very experienced before SCOTUS and she is animated and interesting.

Donald L.


Joseph S.

Quite an interesting and thorough overview! Thanks!

Clarence S.

Excellent presentation of important area of Constitutional law.

Stefanie L.

Very interesting and very thorough explanation of the case history. The presenter did a wonderful job presenting both sides.

Christopher R. C.

Super course. Thank you.

Jeff G.

she was excellent. engaging voice and manner. balanced presentation. distilled positions and distinctions nicely

Deborah P.

Excellent presentation. Very respectful of both sides of the issue.

Elisheva S.

Very thorough and understandable.

Deena M.

This was a fantastic breakdown of the Masterpiece Cakeshop case and really broke down the narrow ruling

Brian M.

Exceptionally timely and interesting. Very good presenter.

Robert S.

Excellent Presentation.

Susan T.

Really enjoyed this class.

Kathleen W.

Excellent presenter!

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$ 59 Constitutional Law and Civil Rights In Stock


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