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- Will the religious interests resist taking “yes” for an answer, as they have from the beginning of this litigation?
Probably they will, because they are after bigger game: getting the Supreme Court to interpret the Religious Freedom Restoration Act to mean anything they say it means. It’s just possible that Anthony Kennedy is still the court’s most important justice, a role he can play now only by making common cause with the four justices to his left. Together, they can speak for the Supreme Court to make it clear that the statute has limits, that there, after all, is a line for courts to draw.