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pat_k

(13,827 posts)
21. That is clearly Gorsuch's Christian nationalist agenda -- i.e., declare it "constitutional" to impose PERSONAL religious
Thu Apr 30, 2026, 09:27 PM
Apr 30

... beliefs on those who do not share those beliefs as a matter of law.

I have also found that he scrupulously avoids analyses that actually present the implications in his writings. I haven't read this one yet, but I suspect that to get sign on of Kagan, Jackson, and Sotomayor, much that he would have liked to have put into the opinion was purged, and other analyses added, therefore making it far less likely to be used as the kind of Christian Nationalist cudgel he seeks.

I have no doubt that he attempted to reinforce protection of "religious" (i.e., Christian) "ministries" from government investigation, but I believe the minority on the court are pretty savvy people and I suspect they only signed on when the language was altered to ensure the only thing accomplished was to set the threshold for probable cause a bit higher when balanced against the exercise of a fundamental constitutional right -- which is not a bad thing IMO.

Of course, I could be flat wrong, but I just don't see Kagan, Sotomayor, and Jackson joining in a decision that could later be employed as a cudgel by Christian nationalists.

As far as some of the most egregious Gorsuch acts in the service of Christian nationalists: Kennedy v. Bremerton School District (2022), Carson v. Makin (2022) and Gorsuch concurrences and dissents in Roman Catholic Diocese of Brooklyn v. Cuomo (2020) & Dr. A v. Hochul (2021)

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