"But make no mistake about the context: Roberts and Alito are gearing up for a world where exemptions and protections from generally applicable laws will be sought primarily by conservative groups. The main framework will probably be religious liberty, which opponents of same-sex marriage have increasingly identified as the value under attack when government recognizes same-sex marriage and requires various organizations to do the same. But free exercise of religion is in the First Amendment, too. If he could be made to understand the new emerging politics of the First Amendment, Rehnquist’s anguished ghost might be appeased."
Writes Harvard lawprof Noah Feldman, about the Supreme Court's decision today in Agency for International Development v. Alliance for Open Society International, Inc. (which we've been talking about in some detail, here). Feldman's article, at Bloomberg.com, is titled "Roberts's Liberal Ruling Will Protect Conservatives."
Read the whole thing to understand the role of "Rehnquist’s anguished ghost."