The Supreme Court on Wednesday is scheduled to hear oral arguments in a case that could tip the balance of power towards religion over secularism.
Neil Gorsuch's nomination has put Democrats in a bind. But if they adopt Mitch McConnell's playbook, their progressive agenda will suffer greatly.
The judge's selective approach to constitutional originalism raises serious questions about his respect for the Second Founding after the Civil War.
They want to turn religious belief into a license to discriminate, and to tear down the wall separating church and state.
In episode 44 of Primary Concerns, Dahlia Lithwick mourns the climate of crisis and power politics engulfing the courts in the Trump era.