…maybe the problem with religious freedom is simply that it conceals deeper political controversies—about reproductive justice in Burwell v. Hobby Lobby (2014) or Indigenous sovereignty in Smith. Indeed, when the question of Indigenous sovereignty has been recently brought in front of the Supreme Court, in McGirt v. Oklahoma (2020), it was a Trump appointee—Neil Gorsuch—who wrote the celebrated court decision in what is considered to be “probably the most significant Indian law case in well over one hundred years.” Maybe the problem is not Trump’s court; maybe the problem has always been religious freedom.

Read more at the Berkley Center.