By Hadley Arkes, The Catholic Thing - But in both cases the Court went to the rescue by finding a refined fault in the laws that barred discrimination based on “sexual orientation.” Those supposed defects, though, may be readily repaired, which is why Jack Phillips is back in the courts, as the war on him is unrelenting, and it is a near certainty the CSS will be back in the courts again, fighting its battles. Justice Alito asked then, “What is the point of going around in this circle?”