Jack Phillips, owner/operator of Masterpiece Cakeshop, had yet another lawsuit against him dismissed, this one by the Colorado Supreme Court. Unfortunately, it was dismissed on the trivial technicality that it wasn’t filed correctly.

The Wall Street Journal editors ask the question

[W]hen will the progressive cultural police finally leave him alone?

As long as the courts—which includes our Supreme Court, whose ruling in Phillips’ favor in an earlier lawsuit was based narrowly on the animus of the Colorado Civil Rights Commission—continue rule to timidly, the intolerant progressives will continue to persecute Phillips and the rest of us Americans who won’t bow and scrape at their intolerant feet.

What’s necessary to put an end to progressive bigotry, at least in our courts, is to sanction such legally frivolous, but morally bigoted, lawsuits. The plaintiffs in such cases should be required to pay their persecution target all legal costs, which often is already the case, and they should be required to pay the damages identified by the plaintiff. Further, the lawyers and their employing law firms—which do not have to be a party to such…frivolity—need themselves to be heavily sanctioned: the lawyer(s) fined steeply, beginning with 10% of their top line income and moving up for each subsequent frivolous suit in which they might participate, and the law firms employing them fined similarly steeply.

Courts are justifiably reluctant to find against plaintiffs and plaintiff lawyers on the basis of their frivolous cases, but it’s been made crystalline by the persecution of Phillips that courts are being too timid here.