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>> so what are the arguments now for and against phillips, the bakery owner? >> creating the cake is speech. and it's also compelled speech in violation of the free exercise clause. forcing him to take a position adverse to his own religious beliefs. if you're the state of colorado or the couple, the argument is simple. this is not speech. if it is speech, it's the speech of the couple buying the cake. and not the cake maker who put this fondant and the icing on the cake. he's only providing a service so there's no need to discuss his free speech right. >> timeline for this to my understanding...

Outside its commission work to create some sort of free speech of painting. it's basically asking -- the way the cake maker sees it, it's being asked, commissioned, to create a work of art. imagine if you were a black baker and someone came in and asked you to make a flag with a confederate flag on it. it's an analogy. no analogy is perfect, but it is something that is sort of a similar argument. >> it would seem to me, danny, that this action may, in part, come down to whether we view, you know, custom cakes as works of art, as expression, or whether we view cake as just merely food. is that ...

>> all right, i got to ask you, who's going to eat cake, about the other profile case before the supreme court. walk us through this. the colorado baker who refused to prepare a wedding cake for a same sex marriage. >> that's right. you've stated the facts. what the issues are before the court are really they boil down to this. is an artistic cake maker's words or expressions that are the final product of the cake, are they the speech of the cake maker or the speech of the couple that asked for the cake. and a colorado law prohibits discrimination based on a number of things but including same...

Rainbow flag cake, then i think the cake maker's a stronger grounds for refusing to make it. however, if the cake maker refused to make any cake whatsoever, irrespective of what the design was for a gay couple, then i think it becomes tougher to defend. >> mr. french, your rebuttal. >> well, yes, the key question is are you being asked to create a custom cake. in other words, to use your artistic ability. if the answer is yes you're being asked to create a custom cake, then you're being asked to use your artistic ability. it's a different situation if there's, say, eight cakes sitting in the f...

Taking up a religious liberty case out of colorado. they will hear the case of a colorado cake maker who refused to make a cake for a same-sex couple. a victory for a church in missouri that will be able to get state funding for a playground. really a mixed bag. the headline, the travel ban, parts of it will go into effect. a semiwin for the president. >> final thoughts. >> the real big story is the dog that didn't bark. justice kennedy is a dog. he's a very distinguished plan. he did not announce his retirement, which is not to say he couldn't tomorrow or later. >> you cannot go on vacation a...