“The material facts are not in dispute.” So states the petition for certiorari granted by the Supreme Court, and the decisions of the Colorado appeals court and Colorado Civil Rights Commission (CCRC) likewise agreed on the relevant facts. It makes sense that a Supreme Court case would not involve weighty factual disputes, in that the Supreme Court—like many American courts of last resort—primarily decides issues of law while deferring on questions of fact to fact-finding forums like trial courts and administrative agencies. And yet, there is a tendency with emotionally charged civil rights cases to stretch facts to bolster an argument.

Read the blog post here.