The Supreme Court’s phantom docket—the cases with phantasmal plaintiffs to help, entirely speculative wrongs to fix, or some combination thereof—returned in full force on Monday. The justices struggled with exactly what to do in 303 Creative v. Elenis, a case where social conservatives hope to limit anti-discrimination laws that currently protect LGBTQ Americans. Though the case raises a familiar constitutional question—one that the high court has touched on in the recent past—it does so in this instance while being almost entirely unmoored from any factual record or dispute.Plaintiff Lorie Smith is a Christian web designer who sued the Colorado Civil Rights Commission a few years ago. Smith
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