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“warned that Justices Brett Kavanaugh and Amy Coney Barrett lack backbone.” He provides as an example the case of  Fulton v. City of Philadelphia, in which the Court was presented with the question of whether the City of Philadelphia violated the First Amendment after it stopped referring foster children to a Catholic foster care agency after the agency “would not certify same-sex couples to be foster parents due to its religious beliefs about marriage.” Justices Thomas, Alito, and Gorsuch were ready to overturn Supreme Court arguably incorrect precedent (dating back to 1990) that “the First Amendment’s Free Exercise Clause tolerates any rule that categorically prohibits or commands specified conduct so long as it does not target religious practice.”

United statesCity of philadelphiaSamuel alitoAmy coney barrettClarence thomasBrett kavanaughJosh blackmanJustice robertsNeil gorsuchBarronelle stutzmanJustice thomasJustice gorsuchSupreme courtPennsylvania supreme courtJustices clarence thomasJustices brett kavanaugh