The Supreme Court heard oral arguments in a hugely consequential First Amendment case yesterday. The court’s conservative majority seemed primed to side with Colorado-based evangelical graphic designer Lorie Smith, who claimed that she should not have to make wedding websites for potential clients in same-sex relationships.

It’s the second time in five years that SCOTUS will rule on a First Amendment case from Colorado involving the bounds of religious freedom and LGBTQ discrimination. In a 2018 case—which concerned a business just five miles from Smith’s office—the court ruled in favor of a wedding cake designer who turned away a gay couple, but it stopped short of determining whether the First Amendment allows business owners to discriminate based on their religious beliefs.

The arguments

Smith’s lawyers claim that Colorado’s Anti-Discrimination Act violates her freedom of speech by requiring her to publish messages she opposes.

The State of Colorado argued that by refusing to provide a service to same-sex couples that she would provide to heterosexual couples, Smith would be committing unlawful discrimination (Title IX prohibits discrimination on the basis of sexual orientation).

• Would is a key word: Smith’s company has not actually made any wedding websites, or refused service to anyone yet—making it an unusual case for the Supreme Court.

The two sides in the case also debated what constitutes speech—primarily whether websites displaying stories of individual couples represent Smith’s speech as the graphic designer, or, as Justice Sonia Sotomayor suggested, the individual couple’s.

Justice Sotomayor also repeatedly questioned whether a ruling in favor of Smith would also allow for discrimination on the basis of race, disability, or ethnicity.

What’s next: The Supreme Court is expected to rule on the case in June.—MK

Neuralink is reportedly under federal investigation. Elon Musk’s medical device company is being probed by the feds over potential animal welfare violations, according to Reuters. The investigation, which reportedly kicked off months ago, comes as employees at the company have been raising concerns about Musk’s aggressive testing goals that have allegedly led to more animals being killed. Last week, Musk said that human trials for Neuralink’s wireless brain chip could begin within six months.

Nike cut ties with Kyrie Irving. A month after suspending its contract with Brooklyn Nets star Kyrie Irving after he tweeted a link to a movie that featured antisemitic tropes, Nike decided yesterday to just do it and sever its relationship with him completely. The company had worked with Irving since 2014, and its Kyrie-branded shoes are popular with his fellow NBA players (the Kyrie 8 model was supposed to debut in November). Irving’s agent described the parting of ways as mutual, and Irving tweeted his gratitude yesterday to anyone who had bought his branded products.

Romantically entwined GMA3 anchors pulled off the air. ABC News is temporarily taking T.J. Holmes and Amy Robach off their Good Morning America anchor positions while it decides what to do about the recent revelation that the two are romantically involved (despite being married to other people). Their relationship came to light after the Daily Mail published an account of their relationship, complete with photos, which apparently took ABC by surprise.

It’s been a month, but we’re not quite done talking about the midterm elections yet. Georgia voters will head to the polls today for a key runoff election between incumbent Democratic Senator Raphael Warnock and Republican challenger Herschel Walker. Recent polls show Warnock with a slight advantage, but just like the original contest that forced the runoff, the race is tight.

Both sides are relying on voter turnout to win, and so far voters are certainly turning out: More than 1.85 million Georgians have already cast early votes. That might be because people were desperate to go somewhere that wasn’t in front of the TV. Atlanta’s ABC affiliate, WSB-TV, brought in the most political ad revenue of any station in the country this year ($86 million).

But, whoever wins the runoff, the Democrats will still control the Senate while Republicans will have a majority in the House. So why does it matter so much?

Having 51 seats rather than just 50 could impact how much the Democrats can accomplish. The extra vote would shift the balance of power within the party, curbing the outsized influence centrist lawmakers like West Virginia’s Joe Manchin and Arizona’s Kyrsten Sinema have enjoyed due to a 50/50 Senate split. A larger majority means the pair won’t have the same leverage to demand changes to legislation or delay confirmation of progressive judges.—AR

If you’re one of the more than 50% of Americans who has a state ID but hasn’t found the time to get a Real ID yet, you now have two extra years to get one. The Department of Homeland Security (DHS) pushed its 2023 deadline for more stringent ID requirements for domestic air travel to May 7, 2025, citing Covid delays.

What’s a Real ID?

If your driver’s license lacks a star (or a bear in California) in the upper right corner, it isn’t Real.

The Real ID standard, which sets minimum security requirements for states issuing licenses, was passed by Congress back in 2005 as part of a sweeping federal effort to shore up national security in the wake of 9/11. The requirement was supposed to take effect in 2008, but the deadline has since been pushed back multiple times.

How do I get one?

The process for obtaining a Real ID is similar to that for a regular state ID, except it requires more supporting documents and an in-person visit to your local DMV branch. Deadline extension notwithstanding, you might want to book your Real ID appointment ASAP, since who knows how many years you’ll spend in that DMV line...—SK

Stat: In a win for salary transparency, it appears that soccer star Cristiano Ronaldo will be making about $200 million per season to play for Saudi Arabian club Al Nassr after the World Cup—a figure that would make him the highest paid athlete in the world. The megastar’s contract with Manchester United was terminated last month after he publicly dissed the team and its manager. While Ronaldo’s jump to Al Nassr is being soft-confirmed to outlets like Spanish newspaper Marca, the BBC reported that no contract has been signed yet. Ronaldo’s Portugal faces Switzerland today in a World Cup knockout match.

Quote: “I’m hoping that you’ll just let us go tonight.”

Tampa Police Chief Mary O’Connor resigned yesterday after recently flashing her badge at a sheriff’s deputy in a nearby city and asking him to let her off without a citation (for the least transgressive traffic violation in the history of Florida: driving an untagged golf cart on the street). More than two weeks after the traffic stop, O’Connor phoned Tampa’s mayor to come clean about the incident, which was recorded on the officer’s bodycam.

Read: Why the US keeps running out of prescription drugs. (Vox)

Don’t settle for Swiss Miss. Here’s how to make French, Italian, and Mexican hot chocolate.

Holiday tip: How to become a truly excellent gift-giver.

Staying informed about the latest tech can be a lot. So let Emerging Tech Brew do the work for you. It’s the free email that curates all the latest tech news into one convenient newsletter. Learn more here.

Need brow growth? This thickening treatment brow balm has a 3-in-1 formula that tints, holds, and delivers natural-looking volume—all while increasing hair growth. Use code MORNINGBREW15 for 15% off sitewide + a free bag.*

Rideshare + delivery rewards: Want to get rewarded with every delivered meal or completed ride? The Capital One SavorOne card gives you 10% cash back on purchases with Uber and Uber Eats + a complimentary Uber One membership through Nov. 14, 2024. Apply here.*

Get informed: Learn about the biggest business topics on our Business Casual podcast, sponsored by Purple—the mattress designed for overnight success. We’ve got fresh takes + honest convos with dynamic business leaders. Listen here.*

^{*This is sponsored advertising content.}

Brew mini: “Word after common or sixth” (five letters) is your sample clue for today’s Mini. Play it here.

Name that word

Oxford Dictionaries unveiled its Word of the Year 2022 yesterday. We’ll give you a few excerpts from the description, and you have to identify the word. (Important: It’s actually a two-word phrase.)

• “A type of behaviour which is unapologetically self-indulgent, lazy, slovenly, or greedy, typically in a way that rejects social norms or expectations.”
• This term “rose in popularity...as Covid lockdown restrictions eased in many countries and people ventured out of their homes more regularly. Seemingly, it captured the prevailing mood of individuals who rejected the idea of returning to ‘normal life,’ or rebelled against the increasingly unattainable aesthetic standards and unsustainable lifestyles exhibited on social media.”

Can you name the phrase?

Thinking about implementing automated interviews at your company? HR Brew can help you weigh the pros and cons. Download the guide.

Live from Web Summit 2022, Business Casual dives into how Laura Katz, the founder and CEO of Helaina, is transforming the infant formula industry in the wake of shortages. Listen here.

Morning Brew’s latest sprint, Difficult Conversations at Work, will give you the tools and the hands-on practice to tackle awkward conversations. Secure your spot today.

We all know about the great return-to-office debate, but what else do employees want in today’s work environment? Stream our latest virtual HR Brew event now to learn more.