WASTED ANGST:

The opening question in oral arguments came from Justice Clarence Thomas, who asked Smith's lawyer, Kristen Waggoner, to explain whether or not this case is ripe. In the law, a case is "ripe" when it is ready for litigation.

This question is particularly relevant because Smith does not yet offer wedding websites services and no charges have been brought against her under Colorado's anti-discrimination law.

Rather, Smith is seeking a pre-enforcement judgment from the court declaring that it would be a violation of the First Amendment for Colorado to compel her to provide wedding websites to same-sex couples were she to provide wedding websites to mixed-sex couples.

This feature of the case creates some complications for the justices because courts often rely on the specific factual details in a dispute to reach a decision. But in this case, there are no actual wedding websites designed by Smith for the court to review.

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