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Amy Coney Barrett gives court-watchers a surprise

Amy Coney Barrett Is Trying to Tell Us Something — Noah Feldman

One of the most anticipated cases of the U.S. Supreme Court term that ended this month was Fulton v. Philadelphia, which presented the conflict between the prohibition of discrimination against gay people and the religious liberty of the Roman Catholic Church.

The court ruled unanimously that Philadelphia's anti-discrimination laws as written could not require a Catholic social services agency to work with same-sex couples who wanted to become foster parents. But the justices ducked the chance to resolve the big constitutional confrontation, so the case seemed destined for obscurity.

But a closer look reveals an important development. Justice Amy Coney Barrett flexed her wings as a Supreme Court justice for the first time. She proposed a new approach to the nettlesome unresolved question of whether and how the Constitution guarantees religious believers exemptions from the burdens of laws that others must follow.

Read the whole thing.

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