Dahlia Lithwick
“One of the notable trends in the current Supreme Court’s religion jurisprudence is the shrinking of the establishment clause as the free exercise clause grows ever more robust. The former prohibits the government from sponsoring a religion, while the latter protects individuals’ right to exercise their religion as they see fit. As Justice Sonia Sotomayor put it Tuesday, dissenting in a case requiring Maine to funnel taxpayer dollars toward religious education: “What a difference five years makes. In 2017, I feared that the Court was ‘lead[ing] us … to a place where separation of church and state is a constitutional slogan, not a constitutional commitment.’ Today, the Court leads us to a place where separation of church and state becomes a constitutional violation.”
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