These days, the Supreme Court presents itself as faithfully following the law, while it does pretty much whatever it wants. For example, it invokes tradition as a constraint on its discretion, while manipulating its meaning to avoid enforcing constitutional provisions it doesn’t like — such as the Establishment Clause. In Kennedy v. Bremerton, the Court recently overruled the prevailing rule implementing the clause, a rule that forbade the state from endorsing any religion. It replaced that rule with a test so vague that nothing can confidently be said to violate it: “the Establishment Clause must be interpreted by ‘reference to historical practices and understandings.’” There must be
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