The Supreme Court Reviews a Conflict Between Equality and Freedom of Association

Michael C. Dorf writes at Findlaw: “Accordingly, CLS v. Martinez will likely be decided on an all-or-nothing basis. Either the Court will view the Hastings policy as neutral and thus permissible, or it will view it as inherently infringing the right to expressive association, and thus impermissible . . . CLS v. Martinez poses a conflict between two principles that we rightly value: expressive association and equality. No resolution can fully honor both.”