The revelation has raised questions about how Lorie Smith’s case was allowed to proceed all the way to the nation’s highest court with such an apparent misrepresentation and whether the state of Co…
The revelation has raised questions about how Lorie Smith’s case was allowed to proceed all the way to the nation’s highest court with such an apparent misrepresentation and whether the state of Colorado, which lost the case, has any legal recourse.
Smith’s lawyers maintained that she didn’t have to be punished for violating the law before challenging it. In a February 2017 filing, they revealed that though she did not need a request to pursue the case, she had, in fact, received one. An appendix to the filing included a website request form submitted by Stewart on Sept. 21, 2016, a few days after the lawsuit was filed. It also included a Feb. 1, 2017 affidavit from Smith stating that Stewart’s request had been received.
Lawyers for Colorado wrote in their brief to the Supreme Court in August that it did not amount to an actual request for a website and the company did not take any steps to verify that a “genuine prospective customer submitted the form.” It’s not clear whether the state took any steps to verify whether Stewart — whose contact information was included in court papers — was a real potential customer.
“If there are other places where you can get standing, then legally speaking I don’t think it actually does make a difference,” said Jessica Levinson, a professor at Loyola Law School.
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