Do some implied rights” outweigh explicit constitutional rights?

Kamala Harris’s Threat to Religious Believers is a real thing, and the author of this piece admirably avoids superficially dwelling on her one line of implicitly anti-Catholic questions to one judicial nominee.

Harris clearly favors some dignity interests (elevated to constitutional” status by judicial alchemy) more highly than the dignity interest of holding one’s faith with integrity, protected by the free exercise clause.

This does not change my bottom line, which is that I will vote for Biden-Harris, if my state polls really close near election day, in preference to the ambulating trainwreck Donald Trump. But it’s another lousy choice, and I don’t expect ever to see a good major-party choice again in my lifetime.

September 7, 2020

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