On Wednesday, the Trump administration proved Ginsburg right. In a decision of startling breadth, the Department of Health and Human Services declared that, under RFRA, a federally funded foster care agency in South Carolina has a right to discriminate against non-Christians, closing its doors to would-be parents of different faiths. As Ginsburg predicted, the administration’s interpretation of the law has no limiting principle: It all but announced that taxpayer-funded adoption and foster care agencies may now engage in flagrant discrimination without consequence, so long as they state a religious rationale for their actions. The grim future that Ginsburg foresaw in Hobby Lobby has arrived.
I know the shutdown is the biggest story right now, but Trump is still doing damage elsewhere.