Counsel for Jack Phillips, the baker whose refusal to bake a cake celebrating a same-sex union led him to the Supreme Court, insisted a Colorado judge’s ruling this week against him was a “repeat of earlier mistakes” made in separate decisions against Phillips that were eventually overturned.

District Judge A. Bruce Jones “got fundamental things wrong with the facts and the law” in ruling on Tuesday that Phillips violated a state anti-discrimination law when he refused to bake a cake celebrating a gender transition, according to attorney Jonathan Scruggs.