The Court after Scalia: Neither left nor right – The enduring principle of Free Exercise: Several judicial rulings demonstrate broad and continuing commitment to religious liberty. Despite politically contentious developments, a major purpose of both the Bill of Rights and an independent judiciary is protect certain inalienable rights against the potential excesses of democracy. Because all Americans benefit from that protection, it is reasonable to assume that – regardless of who appoints them – Justice Scalia’s replacement and other future Justices will look neither left nor right, but to the basic principle of the Free Exercise Clause – namely, keeping people free to exercise their religion to the broadest extent possible.
